Jorge Luis Manuel Sebastian; Evaristo Jose Quirino; and Yuxing Gao v. Jeremy Casey, et al.
- Proceeding
- original
- Outcome
- other — The Government must file a response to the Petition no later than January 4 ||3
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Petitioners filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, alleging that their detention by ICE violated immigration laws and a recent decision in the Central District of California. The court declined to dismiss the petition summarily and ordered the government to file a response by January 30, 2026.
| What the court decided | The model |
|---|---|
Order requiring the government to respond to the petition for writ of habeas corpus“Therefore, the Court will order the Government to respond to the Petition.” | agree with court The court applied the standard from Kourteva v. INS, which holds that summary dismissal is appropriate only when allegations are vague, conclusory, palpably incredible, or patently frivolous. By finding that summary dismissal was unwarranted, the court correctly determined that the petition contained sufficient allegations to require a response from the respondent. This is a standard procedural step in habeas corpus proceedings. |
The order itself: sound — The order is a standard procedural ruling that the petition is not subject to summary dismissal. It correctly cites the applicable standard for summary dismissal in habeas cases. The reasoning is sufficient for the limited purpose of the order, which is to initiate the briefing process.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JORGE LUIS MANUEL SEBASTIAN; Case No. 26-cv-00306-BAS-AHG EVARISTO JOSE QUIRINO; AND 12 YUXING GAO, ORDER REQUIRING THE 13 GOVERNMENT TO RESPOND TO Petitioners, PETITION FOR WRIT OF HABEAS 14 v. CORPUS (ECF No. 1) 15 JEREMY CASEY, et al., 16 Respondents. 17 18 19 On January 18, 2026, Petitioners Jorge Luis Manuel Sebastian, Evaristo Jose 20 Quirino, and Yuxing Gao filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 21 § 2241. (ECF No. 1.) Petitioners claim that they are being detained by Immigration and 22 Customs Enforcement in violation of the immigration laws and the Central District’s 23 decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 24 3678485 (C.D. Cal. Dec. 18, 2025). (Id.) 25 Having reviewed the Petition, the Court finds summary dismissal is unwarranted at 26 this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary 27 dismissal is appropriate only where the allegations in the petition are vague or conclusory, 28 1 || palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the 2 Government to respond to the Petition. Accordingly, the Court ORDERS as follows: 3 1. The Government must file a response to the Petition no later than January 4 ||30, 2026. The Government’s response must address the allegations in the Petition and 5 ||must include any documents relevant to the determination of the issues raised in the 6 || Petition. 7 2. Petitioners may file a reply in support of their Petition no later than February 8 || 6, 2026. 9 3. The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s 10 || Office with a copy of the Petition (ECF No. 1) and this Order. 11 IT IS SO ORDERED. 12 13 || DATED: January 20, 2026 i ly A (Dipharb 14 H@¢n. Cynthia Bashant, Chief Judge 5 United States District Court 16 17 18 19 20 21 22 23 24 25 26 27 28