Nery Godinez Sales v. Warden, Otay Mesa Detention Center, et al.

• Court: District Court, S.D. California
• Decided: November 13, 2025
• Docket: 3:25-cv-03125
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 NERY GODINEZ SALES, Case No. 25-cv-03125-BAS-BJW

14 Petitioner, ORDER: 15 v. (1) REQUIRING THE 16 WARDEN, OTAY MESA DETENTION GOVERNMENT TO RESPOND CENTER, et al., 17 TO PETITION FOR WRIT OF Respondents. HABEAS CORPUS (ECF No. 1); 18 AND 19 (2) GRANTING IN PART AND 20 DENYING IN PART MOTION 21 FOR ORDER TO SHOW CAUSE (ECF No. 2) 22

23 24 On November 12, 2025, Petitioner Nery Godinez Sales filed a Petition for Writ of 25 Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner 26 claims that he is being detained by Immigration and Customs Enforcement in violation of 27 8 U.S.C. § 1226(a) and its associated regulations, as well as the Fifth Amendment. (Id.) 28 1 In addition, Petitioner filed a Motion for Order to Show Cause. (ECF No. 2.) 2 || Petitioner asks the Court to require the Government to respond to the Petition within three 3 || days under the procedures set forth in 28 U.S.C. § 2243. 4 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 5 ||this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 6 || dismissal is appropriate only where the allegations in the petition are vague or conclusory, 7 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 8 ||Government to respond to the Petition. However, to promote the uniform treatment of 9 || similarly situated Section 2241 petitions challenging immigration custody, the Court finds 10 appropriate to require the Government to respond to the Petition within seven days of 11 order. 12 Accordingly, the Court ORDERS as follows: 13 l. The Government must file a response to the Petition no later than November 14 2025. The Government’s response must address the allegations in the Petition and 15 include any documents relevant to the determination of the issues raised in the 16 || Petition. 17 2. Petitioner may file a reply in support of his Petition no later than November 18 2025. 19 3. Given the Court’s briefing schedule, the Court GRANTS IN PART and 20 || DENIES IN PART the Motion for Order to Show Cause. (ECF No. 2.) 21 4. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 22 || Office with a copy of the Petition (ECF No. 1) and this Order. 23 IT IS SO ORDERED. 24 25 || DATED: November 13, 2025 yatta Bahar 26 Hon. Cynthia Bashant, Chief Judge 54 United States District Court

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