Sergio Heriberto Diaz Luque v. Warden, California City Correctional Center; Field Office Director, ICE Los Angeles Field Office; Todd M. Lyons, Acting Director, United States Immigration and Customs Enforcement; Kristi Noem, Secretary of Homeland Security; Merrick Garland, United States Attorney General

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 SERGIO HERIBERTO DIAZ LUQUE, Case No. 1:26-cv-03457-NW

8 Petitioner, ORDER RE PETITION FOR WRIT OF 9 v. HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER 10 Warden, California City Correctional Center; Field Office Director, ICE Los Re: ECF Nos. 1, 2 11 Angeles Field Office; Todd M. Lyons, Acting Director, United States Immigration 12 and Customs Enforcement; Kristi Noem, Secretary of Homeland Security; Merrick 13 Garland, United States Attorney General, Respondents. 14 15 The Court intends to rule directly on the Petition for Writ of Habeas Corpus (“Petition”). 16 See Fed. R. Civ. P. 65(a)(2) (“Before or after beginning the hearing on a motion for a preliminary 17 injunction, the court may advance the trial on the merits and consolidate it with the hearing.”); 28 18 U.S.C. § 2243 (“The court shall summarily hear and determine the facts, and dispose of [a 19 petitioner’s habeas petition] as law and justice require.”); Dzhabrailov v. Decker, No. 20-cv- 20 03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary 21 injunction and merits of habeas petition simultaneously). 22 Respondents shall file a response to the Petition within three (3) calendar days from the 23 date of this Order. Any response must include the Petitioner’s full Form I-213, any orders of 24 release or detention, any custody warrants or notices, and any other portions of Petitioner’s A-File 25 relevant to the determination of the issues presented in the Petition. Failure to timely respond shall 26 be construed as a non-opposition. See L.R. 230(c). Petitioner may file a Reply within eight (8) 27 calendar days from the date of this Order. This matter is not set for a hearing, though the Court ] may set one should it later be determined that a hearing is necessary. The Clerk of the Court shall 2 || serve a copy of this Order together with a copy of the Petition on the U.S. Attorney’s Office. 3 Counsel for Respondents shall promptly enter notices of appearance. 4 In the interim, Respondents are prohibited from deporting the Petitioner or removing him 5 from the Eastern District of California while the TRO and Petition are pending. See F.T.C. v. Dean 6 || Foods Co., 384 U.S. 597, 608 (1966) (noting the court’s “express authority under the All Writs 7 || Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”). 8 Additionally, the Court finds this case would benefit from the appointment of 9 || counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within five (5) calendar days from the date of this 10 || Order, the appointing authority for the Eastern District of California shall identify counsel and 11 send counsel’s contact information to the Court’s Courtroom Deputy via email at 12 || nwerd@cand.uscourts.gov, who shall update the docket to reflect counsel’s appointment. If 13 counsel is not a member of the Eastern District of California Criminal Justice Act (“CJA”) Panel, 14 || the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of 3 || the proceedings in this Court pursuant to Local Rule 180(b)(1). The Clerk of the Court shall serve a 16 || acopy of this Order on the Federal Defender, Attention: Habeas Appointment, along with a copy 2 17 || of the § 2241 petition. 18 19 IT IS SO ORDERED. 20 || Dated: May 5, 2026 / We . | 21 Noél Wise 22 United States District Judge 23 24 25 26 27 28