Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al.

Summary

The United States District Court for the Southern District of California declined to summarily dismiss Petitioners’ 28 U.S.C. § 2241 habeas petition challenging their immigration detention. The court ordered the Government to respond by January 30, 2026, permitted Petitioners to reply by February 6, 2026, and directed the Clerk to serve the petition and order on the U.S. Attorney’s Office.

Holdings

1. Summary dismissal was unwarranted at that time because the petition's allegations were not shown to be vague or conclusory, palpably incredible, or patently frivolous or false.
2. The Government must file a response addressing the petition's allegations and including documents relevant to determining the issues raised.

Questions Presented

1. Whether the § 2241 petition should be summarily dismissed at the initial review stage.
2. Whether the Government should be required to respond to the petition and provide documents relevant to the issues raised.

Disposition

other