Lino Eliezer Sanchez Ramirez v. Kristi Noem, et al.
This text of Lino Eliezer Sanchez Ramirez v. Kristi Noem, et al. (Lino Eliezer Sanchez Ramirez v. Kristi Noem, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 No. 1:26-cv-01270-DAD-EFB (HC) 11 LINO ELIEZER SANCHEZ RAMIREZ,
12 Petitioner, ORDER 13 v. 14 KRISTI NOEM, et al., 15 Respondents. 16 17 Petitioner, an immigration detainee, filed a petition for a writ of habeas corpus pursuant to 18 28 U.S.C. § 2241. He has paid the filing fee. 19 The court has conducted a preliminary review of the petition pursuant to Rule 4 of the 20 Rules Governing Habeas Corpus Cases Under Section 2254.1 Because petitioner may be entitled 21 to the requested relief if the claimed violation of constitutional rights is proved, respondent will 22 be served with the § 2241 petition and directed to show cause why the writ should not be granted 23 by filing an answer/return. See 28 U.S.C. § 2243. 24 //// 25 //// 26
27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions including § 28 2241 petitions. 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court shall serve a copy of this order together with a copy of 3 petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 4 on the United States Attorney. 5 2. Respondents’ answer/response to the § 2241 petition is due no later than 7 days 6 from the date of this order. 7 3. Petitioner’s reply is due 4 days after being served with the answer. 8 4. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 9 respondents shall not transfer petitioner to another detention center outside of this 10 judicial district, pending further order of the court. See 28 U.S.C. § 1651(a) 11 (establishing the All Writs Act which empowers the federal courts to “issue all 12 writs necessary or appropriate in aid of their respective jurisdictions….”); see also 13 F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal 14 courts have the power to “to preserve the court’s jurisdiction or maintain the status 15 quo by injunction pending review of an agency’s action”). 16 DATED: March 10, 2026 17 18 19 20 21 22 23 24 25 26 27 28
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