Ridwan Abdilahi Abdi v. Kristi Noem, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RIDWAN ABDILAHI ABDI, Case No. 26-cv-01430-BAS-JLB

12 Petitioner, ORDER: 13 v. (1) REQUIRING THE 14 KRISTI NOEM, et al., GOVERNMENT TO RESPOND 15 Respondents. TO PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 1); 16 AND 17 (2) SETTING HEARING ON 18 PETITION 19 20 21 Petitioner Ridwan Abdilahi Abdi filed a Petition for Writ of Habeas Corpus pursuant 22 to 28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner claims that he is being 23 detained by Immigration and Customs Enforcement (“ICE”) in violation of the Fifth 24 Amendment. (Id.) 25 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 26 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 27 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 28 1 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 2 ||Government to respond to the Petition and set a hearing. 3 Accordingly, the Court ORDERS as follows: 4 1. The Government must file a response to the Petition no later than March 13, 5 ||2026. The Government’s response must address the allegations in the Petition and must 6 include any documents relevant to the determination of the issues raised in the Petition. 7 2. Petitioner may file a reply in support of his Petition no later than March 20, 8 2026. 9 3. The parties must appear in Courtroom 12B on March 27, 2026, at 11:00 a.m. 10 || for a hearing on the Petition. 11 IT IS SO ORDERED. 12 13 |} DATED: March 6, 2026 ii ly A (Dipharb 14 Hon. Cynthia Bashant, Chief Judge 5 United States District Court

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