Brhane v. LaRose

- 1 - 26cv0349
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
GEBREMARIAM SOLOMON
BRHANE,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00349-BAS-MSB
ORDER:
(1) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO AMENDED PETITION
FOR WRIT OF HABEAS
CORPUS (ECF No. 6); AND
(2) 	SETTING HEARING ON
AMENDED PETITION
Petitioner Gebremariam Solomon Brhane filed a pro se Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. 	(ECF No. 1.) 	The Court referred the matter to
Federal Defenders of San Diego, Inc., for consideration of appointment of counsel. (ECF
No. 2.) Federal Defenders responded by filing an Amended Petition on February 12, 2026.
(ECF No. 6.) 	Accordingly, the Court confirms appointment of Federal Defenders as
counsel for Petitioner.
Having reviewed the Amended Petition, the Court finds summary dismissal is
unwarranted at this time. 	See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal.
Case 3:26-cv-00349-BAS-MSB Document 7 Filed 02/12/26 PageID.<pageID> Page
1 of 2

- 2 - 26cv0349
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
2001) (“Summary dismissal is appropriate only where the allegations in the petition are
vague or conclusory, palpably incredible, or patently frivolous or false.”). Therefore, the
Court will order the Government to respond to the Amended Petition and set a hearing.
Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Amended Petition no later than
February 19, 2026. 	The Government’s response must address the allegations in the
Amended Petition and must include any documents relevant to the determination of the
issues raised in the Amended Petition.
2. 	Petitioner may file a reply in support of his Amended Petition no later than
February 26, 2026.
3. 	The parties must appear in Courtroom 12B on March 6, 2026, at 2:00 p.m.
for a hearing on the Amended Petition.
4. 	The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s
Office with a copy of the Amended Petition (ECF No. 6) and this Order.
IT IS SO ORDERED.
DATED: February 12, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00349-BAS-MSB Document 7 Filed 02/12/26 PageID.<pageID> Page
2 of 2