Ruben Jose Gaitan Amador v. Otay Mesa Detention Center

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RUBEN JOSE GAITAN AMADOR, Case No. 26-cv-01106-BAS-DDL

12 Petitioner, ORDER REQUIRING THE 13 v. GOVERNMENT TO RESPOND TO PETITION FOR WRIT OF HABEAS 14 OTAY MESA DETENTION CENTER, CORPUS (ECF No. 1) 15 Respondent. 16 17 18 Petitioner Ruben Jose Gaitan Amador filed a Petition for Writ of Habeas Corpus 19 pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner is self-represented. He claims he 20 is being unlawfully detained by Immigration and Customs Enforcement without a bond 21 determination. (Id.) 22 Having reviewed the Petition, the Court finds that summary dismissal is unwarranted 23 at this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 24 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 25 palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 26 Government to respond to the Petition. Accordingly, the Court ORDERS as follows: 27 28 1 1. The Government must file a response to the Petition no later than March 4, 2 ||2026. The Government’s response must address the allegations in the Petition and must 3 |}include any documents relevant to the determination of the issues raised in the Petition. 4 || The Government must also address whether Petitioner is a member of the class certified in 5 Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485 (C.D. 6 || Cal. Dec. 18, 2025). 7 2. No reply by Petitioner is necessary unless requested by the Court. 8 3. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 9 || Office with a copy of the Petition (ECF No. 1) and this Order. 10 IT IS SO ORDERED. 11 12 || DATED: February 24, 2026 yatta Bahar 13 H¢én. Cynthia Bashant, Chief Judge 4 United States District Court

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