Opinion

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 SOUTHERN DISTRICT OF CALIFORNIA 13 14 HENRY YONEL YANEZ OCHOA, Case No.: 26cv1019-LL-BLM 15 Petitioner, ORDER REQUIRING RESPONSE 16 v. TO PETITION AND SETTING BRIEFING SCHEDULE 17 TODD LYONS, ACTING DIRECTOR, IMMIGRATION AND CUSTOMS 18 ENFORCEMENT, ET AL., 19 Respondents. 20 21 Petitioner Henry Yonel Yanez Ochoa is currently detained in the custody of the U.S. 22 Department of Homeland Security, Immigration and Customs Enforcement. On February 23 18, 2026, he filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No. 24 1 (“Pet.”). Petitioner seeks a writ of habeas corpus directing Respondents to release him 25 from custody unless he is provided with an individualized bond hearing within seven days. 26 Pet. ¶ 7. The Court finds it necessary to order a limited stay pursuant to the All Writs Act, 27 28 U.S.C. § 1651, to preserve the status quo until the Court can provide a reasoned decision, 28 1 in order to avoid any potential jurisdictional problems if Petitioner is removed from this 2 district.1 See E-C-R- v. Noem, No. 3:25-CV-1230-SI, 2025 WL 2300543, at *1 & n.1 (D. 3 Or. July 16, 2025) (“Courts around the country exercise their authority under the All Writs 4 Act to maintain their jurisdiction over pending immigration matters by preserving the status 5 quo.” (collecting cases)). 6 Accordingly, the Court ORDERS the following: 7 1. Respondents are ORDERED TO SHOW CAUSE why the Petition should not 8 be granted by filing a written Return on or before February 24, 2026 at 4:30 p.m. The 9 Return shall include any documents relevant to the determination of the issues raised in the 10 Petition. Respondents shall serve a copy of the Return upon Petitioner concurrently with 11 the filing. 12 2. Petitioner may, but is not required, to reply to the Response in Opposition to 13 the Petition by filing a Traverse on or before March 2, 2026 at 4:30 p.m. 14 3. After briefing is complete, the Court will take the matter under submission 15 and without oral argument pursuant to Local Civil Rule 7.1(d)(1), unless the parties are 16 notified otherwise. 17 4. Respondents, their agents, employees, successors, attorneys, and all persons 18 acting in active concert or participation with them are hereby ENJOINED from removing 19 Petitioner from the United States or this district pending further order of the Court, 20 to maintain the status quo to allow the Court to provide a reasoned decision. 21 / / / 22 / / / 23 / / / 24 / / / 25 26 27 1 Under the All Writs Act, “all courts established by an Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages 28 5. The Clerk of Court shall transmit a copy of this Order and the Petition [ECF 2 1] to the U.S. Attorney’s Office for the Southern District of California. 3 IT IS SO ORDERED. 4 Dated: February 18, 2026 NO 6 Honorable Linda Lopez 5 United States District Judge 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28