Case Name in Immigration Case - Unavailable

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26-CV-599 JLS (SBC)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BINIAM GEBRESLASE KIDANE,
Petitioner,
v.
IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE); WARDEN,
OTAY MESA DETENTION CENTER,
Respondents.
Case No.: 26-CV-599 JLS (SBC)
ORDER REFERRING PETITION TO
FEDERAL DEFENDERS FOR
EVALUATION REGARDING
APPOINTMENT OF COUNSEL
(ECF No. 1)
Presently before the Court is Biniam Gebreslase Kidane’s Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Petitioner alleges that
he has been detained by the United States Department of Homeland Security’s (“DHS”)
Immigration and Customs Enforcement (“ICE”) division at the Otay Mesa Detention
Center since November 28, 2024. Pet. ¶ 11.
Having reviewed the Petition, the Court finds that summary dismissal of the Petition
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, palpably incredible, or patently frivolous or false.”) (citing Hendricks
v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990)). However, the Court finds that the Petition
lacks sufficient detail for the Court to meaningfully consider the requested relief.
Case 3:26-cv-00599-JLS-SBC Document 2 Filed 02/03/26 PageID.<pageID> Page
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26-CV-599 JLS (SBC)
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Accordingly, the Court REFERS this Petition to Federal Defenders for an evaluation of
whether appointment of counsel would be beneficial to Petitioner. The Court requests that
Federal Defenders make its evaluation and file a status report or appropriate motion by
March 3, 2026. 	The Clerk of the Court SHALL SERVE a copy of this Order and the
Petition on the Federal Defenders of San Diego, Inc.
IT IS SO ORDERED.
Dated: February 3, 2026
Case 3:26-cv-00599-JLS-SBC Document 2 Filed 02/03/26 PageID.<pageID> Page
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