Subedi v. Noem et al

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26cv0569
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
SAILESH SUBEDI,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00569-BAS-VET
ORDER:
(1) REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1);
AND
(2) SETTING HEARING ON
PETITION
Petitioner Sailesh Subedi filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner claims that he is being detained
by Immigration and Customs Enforcement (“ICE”) in violation of the Fifth Amendment
and Zadvydas v. Davis, 533 U.S. 678 (2001). (Id.)
Having reviewed the Petition, the Court finds summary dismissal is unwarranted at
this time. See Kourteva v. INS, 151 F. Supp. 2d 1126, 1128 (N.D. Cal. 2001) (“Summary
dismissal is appropriate only where the allegations in the petition are vague or conclusory,
Case 3:26-cv-00569-BAS-VET Document 2 Filed 01/30/26 PageID.<pageID> Page
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26cv0569
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palpably incredible, or patently frivolous or false.”). Therefore, the Court will order the
Government to respond to the Petition and set a hearing.
Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Petition no later than February
6, 2026. The Government’s response must address the allegations in the Petition and must
include any documents relevant to the determination of the issues raised in the Petition.
2. 	Petitioner may file a reply in support of his Petition no later than February
10, 2026.
3. 	The parties must appear in Courtroom 12B on February 13, 2026, at 11:30
a.m. for a hearing on the Petition.
4. 	The Court confirms appointment of Federal Defenders of San Diego, Inc., as
counsel for Petitioner under Chief Judge Order No. 134 (S.D. Cal. Nov. 18, 2025).
5. 	The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s
Office with a copy of the Petition (ECF No. 1) and this Order.
IT IS SO ORDERED.
DATED: January 30, 2026
Case 3:26-cv-00569-BAS-VET Document 2 Filed 01/30/26 PageID.<pageID> Page
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