Simon Guzman Cabello v. Warden, California City Correction Center, et al.

Opinion

1 2 3 6 7 SIMON GUZMAN CABELLO Case No. 1:26-cv-03652 (AMO)

Petitioner, 8

9 v. ORDER RE PETITION FOR WRIT OF HABEAS CORPUS AND MOTION FOR 10 Warden, California City Correction Center, IMMEDIATE RELEASE et al., Re: Dkt. Nos. 1, 2 11 Respondents.

13 The Court is in receipt of Petitioner’s Writ of Habeas Corpus (“Petition”) and Motion for 14 Immediate Release (“Motion”). The Court intends to rule directly on the Petition, with the 15 understanding that the Court will also consider any arguments made and exhibits submitted in 16 support of the Motion. See Fed. R. Civ. P. 65(a)(2) (“Before or after beginning the hearing on a 17 motion for a preliminary injunction, the court may advance the trial on the merits and consolidate 18 it with the hearing.”); 28 U.S.C. § 2243 (“The court shall summarily hear and determine the facts, 19 and dispose of [a petitioner’s habeas petition] as law and justice require.”); Dzhabrailov v. Decker, 20 No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering 21 preliminary injunction and merits of habeas petition simultaneously). Respondents shall file a 22 response to the Petition within three (3) court days from the date of this Order. Any response must 23 include the Petitioner’s full Form I-213, any orders of release or detention, any custody warrants 24 or notices, and any other portions of Petitioner’s A-File relevant to the determination of the issues 25 presented in the Petition. Failure to timely respond shall be construed as a non- 26 opposition. See L.R. 230(c). Petitioner may file a reply within nine (9) calendar days from the date 27 of this Order. Respondents are prohibited from deporting the Petitioner or removing him from the ] Eastern District of California while the TRO and Petition are pending. This matter is not set for a 2 || hearing though the Court may set one should it later be determined that a hearing is necessary. 3 Counsel for Respondents shall promptly enter notices of appearance. 4 The Court finds that this case would benefit from the appointment of counsel. See 18 5 || U.S.C. § 3006A(a)(2)(B). Within 7 (seven) calendar days from the date of this order, the 6 || appointing authority for the Eastern District of California shall identify counsel and send counsel’s 7 || contact information via email to julia_thomas@CAND.uscourts.gov. If counsel is not a member of 8 || the Eastern District of California Criminal Justice Act (“CJA”) Panel, the Court hereby authorizes 9 || them to serve as Pro Hac Vice CJA counsel for Petitioner for the duration of the proceedings in 10 || this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the 11 Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District’s 12 || CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said 13 counsel’s Pro Hac Vice admission to practice before this court for the duration of the 14 || proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this 15 appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal a 16 || Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the Petition upon 2 17 || the Federal Defender. 18 20 || Dated: May 13, 2026 21 □ / □ 22 each ARACELI MARTINEZ-OLGUIN 23 United States District Judge 24 25 26 27 28