(HC) Yu v. Noem et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
WANJING YU,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
No. 1:25-cv-2040 DJC AC
ORDER
Petitioner, proceeding through counsel, has filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. This proceeding was referred to the undersigned by Local Rule
302 pursuant to 28 U.S.C. § 636(b)(1). Because petitioner may be entitled to the requested relief
if the claimed violation of constitutional rights is proved, respondent will be directed to show
cause why the writ should not be granted by filing an answer/return. See 28 U.S.C. § 2243.
In accordance with the above, IT IS HEREBY ORDERED that:
1. 	Respondent is directed to file an answer/return within 14 days from the date of this
order. If an answer/return is filed, respondent shall include with the answer/return any and all
transcripts or other documents relevant to the determination of the issues presented in the
application.
2. 	Petitioner’s reply/traverse, if any, is due within 7 days after being served a copy of
respondent’s answer/return.
Case 1:25-cv-02040-DJC-AC Document 4 Filed 01/06/26 Page 1 of 2

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3. 	The Clerk of the Court shall serve a copy of this order together with a copy of
petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the United
States Attorney.
4. 	In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition,
respondent shall not transfer petitioner outside of this judicial district, pending further order of the
court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal
courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions . . . .”);
see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that federal courts
have the power to “to preserve the court’s jurisdiction or maintain the status quo by injunction
pending review of an agency’s action”).
DATED: January 5, 2025
Case 1:25-cv-02040-DJC-AC Document 4 Filed 01/06/26 Page 2 of 2