Mohammad Rash v. Christopher LaRose, Warden of Otay Mesa Detention Center, et al.

Summary

The United States District Court for the Southern District of California screened Mohammad Rash’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 and found it sufficiently cognizable to warrant a response. The court ordered Respondents to respond by January 13, 2026, allowed a reply by January 20, 2026, and preliminarily enjoined removal of the Petitioner from the district pending further order.

Holdings

1. The petition was not subject to summary dismissal because, based on the alleged background, it stated a claim sufficiently cognizable to warrant an answer.
2. The court preliminarily enjoined respondents and persons acting in concert with them from removing petitioner from the Southern District of California pending further order.

Questions Presented

1. Whether the § 2241 petition should be summarily dismissed at the screening stage under Rule 4.
2. Whether the petition stated a sufficiently cognizable claim to warrant a response from the government.
3. Whether the court should issue a limited injunction preventing petitioner's removal from the district pending further order.

Disposition

other