Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 APOLLON BUDLER JUNIOR, Case No.: 26cv4835-LL-JLB 12 Petitioner, ORDER CONDITIONALLY 13 v. APPOINTING COUNSEL AND SETTING BRIEFING SCHEDULE 14 CHRISTOPHER J. LAROSE, WARDEN, OTAY MESA DETENTION CENTER, 15 Respondent. 16 17 Petitioner Apollon Budler Junior, proceeding pro se, is a detainee in the custody of 18 the U.S. Department of Homeland Security, Immigration and Customs Enforcement. On 19 August 24, 2026, he filed a Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241. 20 ECF No. 1 (“Pet.”). Petitioner is currently detained at Otay Mesa Detention Facility, and 21 seeks a writ of habeas corpus directing Respondent to release him. Id. 22 The Court finds that representation will serve the interests of justice in this § 2241 23 petition, given the complexity and potential validity of the constitutional, statutory, and 24 procedural issues presented. 18 U.S.C. § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 25 954 (9th Cir. 1983). Accordingly, the Court CONDITIONALLY APPOINTS Federal 26 Defenders of San Diego, Inc. as counsel effectively immediately. 27 28 1 Additionally, the Court finds it necessary to order a limited stay pursuant to the All 2 Writs Act, 28 U.S.C. § 1651, to preserve the status quo until the Court can provide a 3 reasoned decision, in order to avoid any potential jurisdictional problems if Petitioner is 4 removed from this district.1 See E-C-R- v. Noem, No. 3:25-CV-1230-SI, 2025 WL 5 2300543, at *1 & n.1 (D. Or. July 16, 2025) (“Courts around the country exercise their 6 authority under the All Writs Act to maintain their jurisdiction over pending immigration 7 matters by preserving the status quo.” (collecting cases)). 8 Accordingly, the Court ORDERS the following: 9 1. On or before September 4, 2026, Petitioner shall file an amended petition that 10 names the respondent and alleges which constitutional rights, laws, or treaties of the United 11 States have been violated by his detention. An amended petition will supersede and replace 12 the original petition, so the amended petition must be complete in and of itself without 13 reference to the original petition. 14 2. Respondents are ORDERED TO SHOW CAUSE why the Petition should 15 not be granted by filing a written Return on or before September 11, 2026. The Return 16 shall include any documents relevant to the determination of the issues raised in the Petition 17 and shall address whether an evidentiary hearing on the Petition is needed. Respondents 18 shall serve a copy of its Return upon Petitioner concurrently with the filing. 19 3. Petitioner may, but is not required, to reply to the Return by filing a Traverse 20 on or before September 18, 2026. 21 4. After briefing is complete, the Court will take the matter under submission 22 and without oral argument pursuant to Local Civil Rule 7.1(d)(1), unless the parties are 23 notified otherwise. 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 l 5. Respondents, their agents, employees, successors, attorneys, and all persons 2 || acting in active concert or participation with them are hereby ENJOINED from removing 3 Petitioner from the United States or this district pending further order of the Court, 4 ||to maintain the status quo to allow the Court to provide a reasoned decision. 5 6. The Clerk of Court shall transmit a copy of this Order and the Petition [ECF 6 || No. 1] to the U.S. Attorney’s Office for the Southern District of California. 7 IT IS SO ORDERED. 8 ||Dated: August 28, 2026 NO 9 DE 10 Honorable Linda Lopez 1 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28