RENE CORZO EXPOSITO v. WARDEN OF THE CALIFORNIA CITY DETENTION CENTER

• Court: District Court, E.D. California
• Decided: March 13, 2026
• Docket: 1:26-cv-01847
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENE CORZO EXPOSITO, No. 1:26-cv-01847-DJC-DMC-HC A-244-362-964, 12 Petitioner, 13 ORDER v. 14 WARDEN OF THE CALIFORNIA CITY 15 DETENTION CENTER, 16 Respondent. 17 18 Petitioner, an immigration detainee proceeding pro se, filed a petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2241 together with an application to proceed in forma 20 pauperis. Examination of the in forma pauperis application reveals that Petitioner is unable to 21 afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be 22 granted. See 28 U.S.C. § 1915(a). 23 The court has conducted a preliminary review of the petition pursuant to Rule 4 of 24 the Rules Governing Habeas Corpus Cases Under Section 2254.1 In light of the complexity of 25 the legal issues involved, the court has determined that the interests of justice require the 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 § 2241 28 petitions. 1 appointment of counsel for Petitioner and Petitioner’s motion for appointment of counsel will be 2 granted. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th 3 Cir. 1983). 4 Because Petitioner may be entitled to the requested relief if the claimed violation 5 of constitutional rights is proved, Respondent will be directed to show cause why the writ should 6 not be granted by filing an answer/return within 21 days from the date of this order. See 28 7 U.S.C. § 2243. Petitioner may file a reply/traverse to the answer/return within 14 days after being 8 served a copy of it. 9 In accordance with the above, IT IS HEREBY ORDERED that: 10 1. Petitioner’s motion to proceed in forma pauperis, ECF No. 2, is 11 GRANTED and Petitioner is authorized to proceed in forma pauperis without prepayment 12 of the filing fee in this action. 13 2. Petitioner’s motion to appoint counsel, ECF No. 3, is GRANTED and The 14 Federal Defender is appointed to represent Petitioner. 15 3. The Clerk of the Court shall serve a copy of this order, along with a copy 16 of the § 2241 petition, on the Federal Defender, Attention: Habeas Appointment. 17 4. Within seven (7) days of this order, the appointing authority for the Eastern 18 District of California shall identify counsel and send counsel’s contact information to the 19 undersigned’s courtroom deputy Jodi Palmer at jpalmer@caed.uscourts.gov, and counsel 20 will be added as counsel for Petitioner. If counsel is not a member of the Eastern District 21 of California Criminal Justice Act Panel, within seven days of this Order the Federal 22 Defender shall file a motion to appoint counsel as CJA counsel pro hac vice. 23 5. Additionally, the Clerk of the Court shall serve a copy of this order 24 together with a copy of Petitioner’s application for a writ of habeas corpus pursuant to 28 25 U.S.C. § 2241 on the United States Attorney. 26 6. Respondent is directed to file a response within 21 days. Respondent shall 27 include with the response any and all transcripts or other documents relevant to the 28 determination of the issues presented in the habeas application. 1 | /// 2 7. Petitioner’s reply, if any, is due on or before 14 days from the date 3 Respondent’s response is filed. 4 8. In order to ensure this court’s jurisdiction to resolve the pending § 2241 5 petition, Respondent shall not transfer Petitioner, A-244-362-964, outside of this judicial 6 district, pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All 7 Writs Act which empowers the federal courts to “issue all writs necessary or appropriate 8 in aid of their respective jurisdictions . . . .”); see also F.T.C. v. Dean Foods Co., 384 USS. 9 597, 604 (1966) (emphasizing that federal courts have the power to “to preserve the 10 court’s jurisdiction or maintain the status quo by injunction pending review of an agency’s 11 action”). 12 | Dated: March 13, 2026 Ss..c0_, 13 DENNIS M. COTA 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28