Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al.

S.D. California

Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al.

District Court, S.D. California·Decided January 20, 2026·No. 3:26-cv-00306·Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JORGE LUIS MANUEL SEBASTIAN; Case No. 26-cv-00306-BAS-AHG EVARISTO JOSE QUIRINO; AND 12 YUXING GAO, ORDER REQUIRING THE 13 GOVERNMENT TO RESPOND TO Petitioners, PETITION FOR WRIT OF HABEAS 14 v. CORPUS (ECF No. 1) 15 JEREMY CASEY, et al., 16 Respondents. 17

18 19 On January 18, 2026, Petitioners Jorge Luis Manuel Sebastian, Evaristo Jose 20 Quirino, and Yuxing Gao filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 21 § 2241. (ECF No. 1.) Petitioners claim that they are being detained by Immigration and 22 Customs Enforcement in violation of the immigration laws and the Central District’s 23 decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 24 3678485 (C.D. Cal. Dec. 18, 2025). (Id.) 25 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 26 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 27 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 28 1 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 2 Government to respond to the Petition. Accordingly, the Court ORDERS as follows: 3 1. The Government must file a response to the Petition no later than January 4 ||30, 2026. The Government’s response must address the allegations in the Petition and 5 ||must include any documents relevant to the determination of the issues raised in the 6 || Petition. 7 2. Petitioners may file a reply in support of their Petition no later than February 8 || 6, 2026. 9 3. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 10 || Office with a copy of the Petition (ECF No. 1) and this Order. 11 IT IS SO ORDERED. 12 13 || DATED: January 20, 2026 i ly A (Dipharb 14 H@¢n. Cynthia Bashant, Chief Judge 5 United States District Court

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JORGE LUIS MANUEL SEBASTIAN; Case No. 26-cv-00306-BAS-AHG EVARISTO JOSE QUIRINO; AND 12 YUXING GAO, ORDER REQUIRING THE 13 GOVERNMENT TO RESPOND TO Petitioners, PETITION FOR WRIT OF HABEAS 14 v. CORPUS (ECF No. 1) 15 JEREMY CASEY, et al., 16 Respondents. 17

18 19 On January 18, 2026, Petitioners Jorge Luis Manuel Sebastian, Evaristo Jose 20 Quirino, and Yuxing Gao filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 21 § 2241. (ECF No. 1.) Petitioners claim that they are being detained by Immigration and 22 Customs Enforcement in violation of the immigration laws and the Central District’s 23 decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 24 3678485 (C.D. Cal. Dec. 18, 2025). (Id.) 25 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 26 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 27 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 28 1 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 2 Government to respond to the Petition. Accordingly, the Court ORDERS as follows: 3 1. The Government must file a response to the Petition no later than January 4 ||30, 2026. The Government’s response must address the allegations in the Petition and 5 ||must include any documents relevant to the determination of the issues raised in the 6 || Petition. 7 2. Petitioners may file a reply in support of their Petition no later than February 8 || 6, 2026. 9 3. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 10 || Office with a copy of the Petition (ECF No. 1) and this Order. 11 IT IS SO ORDERED. 12 13 || DATED: January 20, 2026 i ly A (Dipharb 14 H@¢n. Cynthia Bashant, Chief Judge 5 United States District Court

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Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al., (S.D. Cal. 2026).

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Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al. (Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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