Qibao Lin v. Kristi Noem, Secretary, Department of Homeland Security, et al.

Opinion

1 2 3 4 5 8 9 QIBAO LIN, Case No.: 26-cv-1280-BJC-DEB 10 Petitioner, ORDER SETTING BRIEFING SCHEDULE ON THE WRIT AND 11 v. PROHIBITING TRANSFER OF 12 Kristi NOEM, Secretary, Department of PETITIONER Homeland Security, et al.; 13

Respondents. 14 [ECF No. 1,2]

15 On February 19, 2026, Qibao Lin (“Petitioner”), appearing pro se, filed a petition 16 for a writ of habeas corpus. ECF No. 1. Petitioner was taken into immigration custody on 17 December 3, 2024, and has remained detained since that date. Id. at 6. Petitioner has a 18 pending application for asylum before the immigration court. Id. An individual merits 19 hearing in Petitioner’s removal proceedings is currently scheduled for April 2026. Id. 20 The Court finds a limited stay is necessary to preserve the status quo to allow the 21 Court to hold the hearing and provide a reasoned decision on the pending motion. See E- 22 C-R- v. Noem, No. 3:25-CV-1230-SI, 2025 WL 2300543, at *1 (D. Or. July 16, 2025) 23 (finding an order under the All Writs Act, 28 U.S.C. § 1651, necessary to prevent the arrest, 24 detention or deportation of the plaintiff while the parties litigate the merits of the plaintiff’s 25 motion for injunctive relief); A.M. v. Larose et al, No. 3:25-CV-1412, ECF No. 2 (S.D. 26 Cal. June 4, 2025) (enjoining the defendants, under the All Writs Act, from removing the 27 plaintiffs from the Southern District of California to preserve the court’s jurisdiction). 28 | || Based on the foregoing, IT IS HEREBY ORDERED: 2 1. The Court finds that representation is necessary given the complexity and 3 potential validity of the constitutional, statutory, and procedural issues presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly, 4 the Court CONDITIONALLY APPOINTS Federal Defenders of San 5 Diego, Inc. as counsel effectively immediately. The Court ORDERS Petitioner to submit a form CJA 23 financial affidavit by March 16, 2026 to 6 demonstrate his financial eligibility. See Terrovona v. Kincheloe, 912 F.2d 7 1176, 1181-82 (9th Cir. 1990); 18 U.S.C. § 3006A(b). 8 2. Respondents shall file a response to the writ of habeas corpus 9 no later than close of business on March 9, 2026. 10 3. Petitioner may file a reply no later than close of business on March 16, 2026. 4. Respondents, their agents, employees, successors, attorneys, and all persons 12 acting in active concert or participation with them are hereby ENJOINED B from removing Petitioner from the United States or this District pending further order of the Court, to maintain the status quo to allow the Court to hold 14 a hearing and provide a reasoned decision to the request at hand. 16 Dated: March 2, 2026 17 18 19 20 (2h a 1

22 Honorable Benjamin J. Cheeks United States District Judge 23 24 25 26 27 28