Lurwin Javier Medina-Pirela v. Warden, California City Immigration Processing Center

Opinion

2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8

9 LURWIN JAVIER MEDINA-PIRELA, Case No. 1:26-cv-03132-KES-SAB-HC

10 Petitioner, ORDER TO RESPOND

11 v. ORDER SETTING BRIEFING SCHEDULE 12 WARDEN, CALIFORNIA CITY IMMIGRATION PROCESSING CENTER, ORDER TO ELECTRONICALLY FILE 13 TRANSCRIPTS AND OTHER NECESSARY Respondent. DOCUMENTS 14 15 Petitioner is a federal immigration detainee proceeding pro se with a petition for writ of 16 habeas corpus pursuant to 28 U.S.C. § 2241. 17 The Court has conducted a preliminary review of the Petition. Therein, Petitioner 18 challenges his immigration detention on due process grounds. (ECF No. 1 at 2.1) Additionally, 19 Petitioner alleges that he has a pending marriage-based immigration petition, a pending Form I- 20 821 application, and maintained stable employment prior to detention. (Id.) This language can be 21 construed as raising claims challenging Petitioner’s re-detention and the statutory authority of 22 Petitioner’s detention. It is not clear from the face of the Petition whether Petitioner is entitled to 23 relief. 28 U.S.C. § 2243. 24 Accordingly, pursuant to Rule 4 of the Rules Governing Section 2254 Cases,2 the Court 25 HEREBY ORDERS: 26 1 Page numbers refer to the ECF page numbers stamped at the top of the page. 27 2 The Rules Governing Section 2254 Cases apply to § 2241 habeas petitions. See Rule 1(b) of the Rules Governing Section 2254 Cases (“The district court may apply any or all of these rules to a habeas corpus petition not covered 1 1. Within TWENTY-ONE (21) days of the date of service of this order, 2 Respondent SHALL FILE a RESPONSE to the Petition, including the construed 3 claims challenging Petitioner’s re-detention and the statutory authority of 4 Petitioner’s detention and addressing whether this case is distinguishable from 5 those cases in which this Court has granted habeas relief. See Rule 4, Rules 6 Governing Section 2254 Cases; Cluchette v. Rushen, 770 F.2d 1469, 1473–74 7 (9th Cir. 1985) (court has discretion to fix time for filing a response).3 A 8 Response can be made by filing one of the following: 9 A. AN ANSWER addressing the merits of the Petition. Any argument 10 by Respondent that Petitioner has procedurally defaulted a claim 11 SHALL BE MADE in the ANSWER but must also address the 12 merits of the claim asserted. 13 B. A MOTION TO DISMISS the Petition. 14 2. Within TWENTY-ONE (21) days of the date of service of this order, 15 Respondent SHALL FILE all relevant portions of Petitioner’s Alien File and any 16 and all other documentation relevant to the determination of the issues raised in 17 the Petition, including Form I-213 and Form I-200. See Rule 5(c), Rules 18 Governing Section 2254 Cases. The documents shall only be filed electronically 19 and, to the extent practicable, provided in Optical Character Recognition (“OCR”) 20 format. Respondent shall not file a hard copy of the documents unless so ordered 21 by this Court. 22 3. If Respondent files an Answer to the Petition, Petitioner MAY FILE a Traverse 23 within FIFTEEN (15) days of the date Respondent’s Answer is filed with the 24 Court. If no Traverse is filed, the Petition and Answer are deemed submitted at 25 the expiration of the fifteen days. 26 /// 27 3 See also Schwarz v. Meinberg, 478 F. App’x 394, 395 (9th Cir. 2012) (rejecting petitioner’s contention that district ] 4. If Respondent files a Motion to Dismiss, Petitioner SHALL FILE an Opposition 2 or Statement of Non-Opposition within FOURTEEN (14) days of the date of 3 service of Respondent’s Motion. Any Reply to an Opposition to the Motion to 4 Dismiss SHALL be filed within SEVEN (7) days after the Opposition has been 5 filed in CM/ECF. The Motion to Dismiss will be deemed submitted when the time 6 to reply has expired. 7 All motions shall be submitted on the record and briefs filed without oral argument unless 8 | otherwise ordered by the Court. Local Rule 230(1). Extensions of time will only be granted upon 9 | a showing of good cause. All provisions of Local Rule 110 are applicable to this order. 10 IT IS SO ORDERED. tf (Sc 12 | Dated: _June 4, 2026 _ _PHA ee STANLEY A. BOONE 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28