Jamshid Moradi v. Patrick Divver, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Andrew G. Schopler (author)
Analysis
Petitioner Jamshid Moradi filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his immigration detention under 8 U.S.C. § 1225(b) as a due process violation. The court ordered the government to file an answer to the petition by February 23, 2026, and set a hearing for March 3, 2026.
| What the court decided | The model |
|---|---|
Order requiring the government to file an answer to the habeas petition“So, by February 23, 2026, the government must answer.” | agree with court The court correctly applied the standard for summary dismissal under the Rules Governing Section 2254 Cases (applied via Rule 1(b) to § 2241 petitions). The court determined that the petition was not 'clearly not cognizable' because the petitioner alleged detention for over 11 months without an individualized bond hearing, a claim that has potential merit under Ninth Circuit precedent (Neiss v. Bludworth) and persuasive district court authority (Kydyrali v. Wolf). Therefore, the petition warrants an answer rather than summary dismissal. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable standard for summary dismissal in a § 2241 habeas case by borrowing from the § 2254 rules. It accurately cites Ninth Circuit precedent (Neiss) for the proposition that petitions with potential merit must be answered. It also cites persuasive district court authority (Kydyrali) to support the conclusion that the specific due process claim raised (prolonged § 1225(b) detention without bond hearing) is cognizable. The reasoning directly addresses the threshold question of whether the petition warrants an answer.
Opinion
1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 Jamshid MORADI, Case No.: 26-cv-0968-AGS-BLM 5 Petitioner, ORDER REQUIRING RETURN 6 v. 7 Patrick DIVVER, et al., 8 Respondents. 9 10 11 Petitioner Jamshid Moradi seeks a writ of habeas corpus under 28 U.S.C. § 2241 to 12 free him from immigration detention. At this stage, he need only make out a claim that is 13 sufficiently cognizable to warrant an answer or return. See Rules Governing Section 2254 14 Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if it 15 plainly appears from the petition and any attached exhibits that the petitioner is not entitled 16 to relief”); id., Rule 1(b) (permitting application of Rules Governing Section 2254 Cases 17 to any “habeas corpus petition”). In this context, the relevant federal rules permit “summary 18 dismissal of claims that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 19 1045 (9th Cir. 2024) (cleaned up). But “as long as a petition has any potential merit, it is 20 not so frivolous or incredible as to justify summary dismissal[.]” Id. 21 In March 2025, Moradi, “a native and citizen of Iran,” “entered the United States” 22 “without inspection,” “immediately presented himself to Immigration Officials,” and “was 23 detained.” (ECF 1, at 5.) He argues that his detention since that day “under 8 U.S.C. 24 § 1225(b)”—for “more than 11 months,” “without an individualized bond hearing”— 25 “violates due process.” (Id. at 2.) 26 This challenge warrants an answer. Some courts have concluded that prolonged 27 detention can violate due process even for those subject to mandatory detention under 28 8 U.S.C. § 1225(b). See, e.g., Kydyrali v. Wolf, 499 F. Supp. 3d 768, 772 (S.D. Cal. 2020) 1 ||C‘[T]he Court joins the majority of courts across the country in concluding that an 2 ||unreasonably prolonged detention under 8 U.S.C. § 1225(b) without an individualized 3 ||bond hearing violates due process.”). So, by February 23, 2026, the government must 4 ||answer. Any reply by the petitioner is due February 27, 2026, and the Court will hold a 5 || hearing on March 3, 2026, at 1:00 p.m. 6 Dated: February 18, 2026 8 Hon. rew G. Schopler 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28