Osee-Certus K. Matuta v. Warden of California City Detention Center, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSEE-CERTUS K. MATUTA, Case No. 1:26-cv-03640-JLT-HBK (HC) 12 Petitioner, ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS 13 v. CORPUS, SETTING BRIEFING SCHEDULE, AND DIRECTING SERVICE 14 WARDEN OF CALIFORNIA CITY OF DOCUMENTS DETENTION CENTER, et al., 15 (A-213-053-972) Respondents. 16 (Doc. 1) 17 18 19 20 Before the Court is pro se Petitioner Osee-Certus K. Matuta’s operative petition for writ of 21 habeas corpus under 28 U.S.C. § 2241 docketed on May 11, 2026. (Doc. 1, “Petition”). 22 Petitioner is an immigrant detainee in U.S. Immigration Customs and Enforcement (ICE) custody 23 at the California City Detention Center in California City, California, claiming, inter alia, his 24 continued post-final order detention as a violation of his due process rights under the Fifth 25 Amendment because (1) his removal was deferred under the Convention Against Torture 26 (“CAT”), and (2) there is no significant likelihood of removal in the reasonably foreseeable 27 future. (Id. at 6). As relief, Petition seeks release from custody, or in the alternative, a 28 constitutionally adequate bond hearing. (Id. at 7). 1 The Court has conducted a preliminary review of the petition. See R. Governing § 2254 2 Cases 4; 28 U.S.C. § 2243. Under Rule 4,1 a district court must dismiss a habeas petition if it 3 “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 4 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). It is not clear 5 from the face of the petition whether Petitioner is entitled to relief. 28 U.S.C. § 2243. 6 Accordingly, it is hereby ORDERED: 7 1. No later than twenty-one (21) days from the date of entry of this Order, Respondent is 8 DIRECTED to respond to the Petition and show cause why the Petition should not be 9 granted. 10 2. Respondent is DIRECTED to electronically file all documents necessary for 11 resolving the issues presented in the petition, including all referenced/relevant 12 portions of Petitioner’s A-file and all of the following documents if they were 13 provided to Petitioner: (1) Form I-213, Record of Deportable/Inadmissible 14 Alien, (2) Form I-862, Notice to Appear; (3) Form I-220A, Order of Release 15 on Recognizance; (4) Form I-286, Notice of Custody Determination; (5) any 16 document authorizing parole; and (6) any and all available records 17 documenting and/or detailing the nature of any alleged violations of 18 supervised release as to Petitioner. 19 3. Respondent SHALL address the status of Petitioner’s removal 20 proceedings, including the previously granted deferral of removal under 21 the CAT and the significant likelihood, or lack thereof, of removal in the 22 reasonably foreseeable future. 23 4. If Respondent files an answer to the petition, Petitioner may file a reply within 24 fourteen (14) days of the date of service of Respondent’s answer. If no reply 25 1 The Rules Governing Section 2254 Cases may be applied to petitions for writ of habeas corpus other than 26 those brought under § 2254 at the Court’s discretion. See Rule 1 of the Rules Governing Section 2254 Cases. Civil Rule 81(a)(2) provides that the rules are “applicable to proceedings for . . . habeas corpus . . . 27 to the extent that the practice in such proceedings is not set forth in statutes of the United States and has heretofore conformed to the practice of civil actions.” Fed. R. Civ. P 81(a)(2). 28 ] is filed within fourteen (14) days, the petition and answer are deemed 2 submitted. The Court will not address new grounds raised in the reply. See 3 United States v. Cox 7 F.3d 1458, 1463 (9th Cir. 1993). 4 5. If Respondent moves to dismiss, Petitioner must file an opposition or 5 statement of non-opposition within fourteen (14) days of the date of service 6 of Respondent’s motion. Any reply to an opposition to the motion to dismiss 7 must be filed within seven (7) days after the opposition is served. 8 6. The Clerk of Court is directed to mail a copy of this order to pro se Petitioner. 9 6. All motions shall be submitted on the record and briefs filed without oral 10 argument unless otherwise ordered by the Court. 11 7. Extensions of time will be granted only upon a showing of good cause. 12 ' | Dated: _ May 20, 2026 Wiha. Th. fareh Zaskth 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

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