Kiwana v. LaRose et al

1
25-cv-3678-JES-SBC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OWEN MUKIIBI KIWANA,
Petitioner,
v.
CHRISTOPHER G. LAROSE, in his
official capacity as Warden of CCA
Detention facility, DANIEL
BRIGHTMAN, in his official capacity as
Field Office Director of the Immigration &
Customs Enforcement and Removal
Operations San Diego Field Office;
KRISTI NOEM, in her official capacity as
Secretary of the Department of Homeland
Security; U.S. DEPARTMENT OF
HOMELAND SECURITY,
Respondents.
Case No.: 25-cv-3678-JES-SBC
ORDER PROVIDING PARTIES
NOTICE OF THE COURT’S INTENT
TO CONSOLIDATE THE MOTION
FOR A TEMPORARY
RESTRAINING ORDER WITH A
DETERMINATION ON THE
MERITS PURSUANT TO FED. R.
CIV. P. RULE 65(A)(2)
[ECF Nos. 1, 2]
Before the Court is Petitioner Owen Mukiibi Kiwana’s Petition for Writ of Habeas
Corpus (“Petition”) pursuant to 28 U.S.C. § 2241 and Motion for Temporary Restraining
Order (“TRO”), which were filed on December 19, 2025. ECF Nos. 1, 2. Pursuant to the
Court’s Order to Show Cause, Respondents filed the Response. ECF No. 6, (“Res.”). The
Court then took the matter under submission.
Case 3:25-cv-03678-JES-SBC Document 6 Filed 01/05/26 PageID.<pageID> Page
1 of 2

2
25-cv-3678-JES-SBC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The Court provides notice to the Parties that it intends to consolidate the Motion for
a TRO with a determination on the merits under Rule 65(a)(2). See Fed. R. Civ. P.
65(a)(2); see also Slidewaters LLC v. Wash. State Dep't of Lab. & Indus., 4 F.4th 747, 759
(9th Cir. 2021) (noting the court can invoke Rule 65(a)(2) by giving "clear and
unambiguous notice"). In other words, the Court intends to resolve both the Petition and
the TRO.
IT IS SO ORDERED.
Dated: January 5, 2026
Case 3:25-cv-03678-JES-SBC Document 6 Filed 01/05/26 PageID.<pageID> Page
2 of 2