(HC) Yantao J. v. Warden of the Golden State Annex Detention Facility et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
YANTAO J.,
Petitioner,
v.
WARDEN OF THE GOLDEN STATE
ANNEX FACILITY, et al.,
Respondents.
No. 1:26-cv-00021-TLN-SCR
ORDER
Petitioner Yantao J.1 (“Petitioner”), an immigration detainee who is representing himself,
filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the substance
of Petitioner’s brief and the relief requested therein, the Court construes Petitioner’s pleading as a
motion for a temporary restraining order. Estelle v. Gamble, 429 U.S. 97, 106 (1976) (stating that
pleadings by pro se litigants must be held to less stringent standards than formal pleadings drafted
by lawyers).
Respondents shall file a response to Petitioner’s request for injunctive relief by January 8,
1 As recommended by the Committee on Court Administration and Case Management of
the Judicial Conference of the United States, the Court omits petitioner’s full name, using only his
first name and last initial, to protect sensitive personal information. See Memorandum re: Privacy
Concern Regarding Social Security and Immigration Opinions, Committee on Court
Administration and Case Management, Judicial Conference of the United States (May 1, 2018),
https://www.uscourts.gov/sites/default/files/18-cv-l-suggestion_cacm_0.pdf. The Clerk of Court
is directed to update the docket to reflect this change accordingly.
Case 1:26-cv-00021-TLN-SCR Document 3 Filed 01/06/26 Page 1 of 3

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2026. Any opposition shall provide the Court with copies of all referenced/relevant portions of
Petitioner’s A-File and any and all available records related to Petitioner’s allegations. Petitioner
may file a reply, if any, by January 9, 2026.
Pending the Court’s ruling on this petition, Respondents shall not take any action to
transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966)
(acknowledging the Court’s “express authority under the All Writs Act to issue such temporary
injunctions as may be necessary to protect its own jurisdiction”).
Based on the facts surrounding Petitioner’s detention, the Court provisionally authorizes
Petitioner to further proceed in forma pauperis. See 28 U.S.C. § 1914. In light of the complexity
of the legal issues involved, the Court has determined that the interests of justice require the
appointment of counsel for Petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v.
Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days from the date of this order, the
appointing authority for the Eastern District of California shall identify counsel and send
counsel’s contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy
Nunley, via email at mkrueger@caed.uscourts.gov, who shall update the docket to reflect
counsel’s appointment. If counsel is not a member of the Eastern District of California Criminal
Justice Act (“CJA”) Panel, the Court hereby authorizes them to serve as CJA counsel for
petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Respondents shall file a response to Petitioner’s request for injunctive relief by
January 8, 2026; Petitioner may file a reply, if any, by January 9, 2026;
2. In order to ensure this Court’s jurisdiction to resolve the pending § 2241 petition,
Respondent shall not transfer Petitioner to another detention center outside of this
judicial district, pending further order of the Court;
3. Petitioner is provisionally authorized to further proceed in forma pauperis, subject to
Petitioner filing an application to proceed in forma pauperis by March 9, 2026;
4. Within seven days from the date of this order, the appointing authority for the Eastern
District of California shall identify counsel and send counsel’s contact information to
Case 1:26-cv-00021-TLN-SCR Document 3 Filed 01/06/26 Page 2 of 3

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Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, who shall update
the docket to reflect counsel’s appointment;
5. The Clerk of the Court shall serve a copy of this order on the Federal Defender,
Attention: Habeas Appointment, along with a copy of the § 2241 petition;
6. 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; and
7. The Clerk of Court is directed to update the docket to only list Petitioner’s first name
and last initial.
IT IS SO ORDERED.
Date: January 6, 2026
___________________________________
TROY L. NUNLEY
CHIEF UNITED STATES DISTRICT JUDGE
Case 1:26-cv-00021-TLN-SCR Document 3 Filed 01/06/26 Page 3 of 3