Rodolfo Rodriguez Rodriguez ("N.A.") v. Christopher J. Larose, et al.

Rodriguez Rodriguez v. Larose · United States District Court for the Southern District of California · November 28, 2025 · No. 25-cv-3306-AGS-AHG

Summary

The United States District Court for the Southern District of California finds that a habeas petition challenging the petitioner's immigration detention under 28 U.S.C. § 2241 presents a sufficiently cognizable claim to warrant a response. The order concerns whether detention is governed by the discretionary framework of 8 U.S.C. § 1226(a) or the mandatory detention procedures of § 1225(b). Respondents must answer by December 16, 2025, with any reply due December 23, 2025, and oral argument set for January 7, 2026.

Holdings

  1. The petition had sufficient potential merit to warrant a response and was not subject to summary dismissal at that stage.
  2. The alleged challenge to petitioner's reclassification from detention under 8 U.S.C. § 1226(a) to detention under § 1225(b) presented sufficient potential merit to proceed beyond initial screening.

Questions Presented

  1. Whether the § 2241 petition presented a sufficiently cognizable and potentially meritorious challenge to petitioner's immigration detention to require a response rather than summary dismissal.
  2. Whether petitioner's allegation that he was improperly transferred from the discretionary detention framework of 8 U.S.C. § 1226(a) to the mandatory detention framework of § 1225(b) was sufficient at the screening stage to warrant further proceedings.

Disposition

other

Cases Cited (5)

  • Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024)(followed)
  • Mosqueda v. Noem, No. 5:25-cv-02304-CAS-BFM, 2025 WL 2591530, at *5 (C.D. Cal. Sept. 8, 2025)(relied upon)
  • Vazquez v. Feeley, No. 2:25-cv-01542-RFB-EJY, 2025 WL 2676082, at *11 (D. Nev. Sept. 17, 2025)(relied upon)
  • Rodriguez v. Bostock, No. 3:25-cv-05240-TMC, 2025 WL 2782499, at *1 (W.D. Wash. Sept. 30, 2025)(relied upon)
  • Quispe v. Crawford, No. 1:25-cv-1471-AJT-LRV, 2025 WL 2783799, at *6 (E.D. Va. Sept. 29, 2025)(relied upon)

Cited In (0)

No citing cases on record yet.

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