Iurii D. v. Tonya Andrews

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 IURII D., No. 1:26-cv-00758-TLN-CKD 11 Petitioner, 12 v. ORDER 13 TONYA ANDREWS, 14 Respondents. 15 16 Petitioner Iurii D.1 (“Petitioner”), an immigration detainee who is representing himself, 17 filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Based on 18 the substance of Petitioner’s brief and the relief requested therein, the Court construes Petitioner’s 19 pleading as a motion for a temporary restraining order. Estelle v. Gamble, 429 U.S. 97, 106 20 (1976) (stating that pleadings by pro se litigants must be held to less stringent standards than 21 formal pleadings drafted by lawyers). 22 Respondents shall file a response to Petitioner’s request for injunctive relief by Thursday, 23 February 5, 2026. Any opposition shall provide the Court with copies of all referenced/relevant 24 portions of Petitioner’s A-File and any and all available records related to Petitioner’s allegations.

25 1 As recommended by the Committee on Court Administration and Case Management of the Judicial Conference of the United States, the Court omits Petitioner’s full name, using only 26 his first name and last initial, to protect sensitive personal information. See Memorandum re: Privacy Concern Regarding Social Security and Immigration Opinions, Committee on Court 27 Administration and Case Management, Judicial Conference of the United States (May 1, 2018), https://www.uscourts.gov/sites/default/files/18-cv-l-suggestion_cacm_0.pdf. The Clerk of Court 28 is directed to update the docket to reflect this change accordingly. 1 Petitioner may file a reply, if any, by Monday, February 9, 2026. 2 Pending the Court’s ruling on this petition, Respondents shall not take any action to 3 transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) 4 (acknowledging the Court’s “express authority under the All Writs Act to issue such temporary 5 injunctions as may be necessary to protect its own jurisdiction”). 6 Based on the facts surrounding Petitioner’s detention, the Court provisionally authorizes 7 Petitioner to proceed in forma pauperis. See 28 U.S.C. § 1914. 8 In light of the complexity of the legal issues involved, the Court has determined that the 9 interests of justice require the appointment of counsel for Petitioner. See 18 U.S.C. § 10 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven 11 days from the date of this order, the appointing authority for the Eastern District of California 12 shall identify counsel and send counsel’s contact information to Michele Krueger, Courtroom 13 Deputy for Chief Judge Troy Nunley, via email at mkrueger@caed.uscourts.gov, who shall 14 update the docket to reflect counsel’s appointment. If counsel is not a member of the Eastern 15 District of California Criminal Justice Act (“CJA”) Panel, the Court hereby authorizes them to 16 serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to 17 Local Rule 180(b)(1). 18 In accordance with the above, IT IS HEREBY ORDERED that: 19 1. Respondents shall file a response to Petitioner’s request for immediate injunctive relief 20 by Thursday, February 5, 2026; Petitioner may file a reply, if any, by Monday, 21 February 9, 2026; 22 2. In order to ensure this Court’s jurisdiction to resolve the pending § 2241 petition, 23 Respondents shall not transfer Petitioner to another detention center outside of this 24 judicial district, pending further order of the Court; 25 3. Petitioner is provisionally authorized to proceed in forma pauperis, subject to 26 Petitioner filing an application to proceed in forma pauperis by Monday, February 9, 27 2026. The Clerk of the Court is directed to serve Petitioner with an application to 28 proceed in forma pauperis; ] 4. Within seven days from the date of this order, the appointing authority for the Eastern 2 District of California shall identify counsel and send counsel’s contact information to 3 Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update 4 the docket to reflect counsel’s appointment; 5 5. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 6 Attention: Habeas Appointment, along with a copy of the § 2241 petition; and 7 6. The Clerk of Court is directed to update the docket to only list Petitioner’s first name 8 and last initial. 9 IT IS SO ORDERED. 10 | Date: February 2, 2026 1] 7, 12 TROY L. NUNLEY 3 CHIEF UNITED STATES DISTRICT JUDGE

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