Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
CHRISTOPHER DESRUISSEAUX,
Petitioner,
v.
WARDEN, Otay Mesa Detention Center,
et al.
Respondents.
Case No.: 26cv0673-LL-BJW
ORDER CONDITIONALLY
APPOINTING COUNSEL AND
SETTING BRIEFING SCHEDULE
Petitioner Christopher Desruisseaux, proceeding pro se, is a detainee in the custody
of the U.S. Department of Homeland Security, Immigration and Customs Enforcement. On
February 11, 2026, he filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241.
ECF No. 1 (“Pet.”). Petitioner has been detained at Otay Mesa Detention Center since
October 12, 2025. Id at 2. He states that he has an application for asylum pending and no
criminal record. Id. He seeks a writ of habeas corpus directing Respondents to release him
or provide him with a bond hearing. Id.
The Court finds that representation will serve the interests of justice in this § 2241
petition, given the complexity and potential validity of the constitutional, statutory, and
procedural issues presented. 18 U.S.C. § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952,
954 (9th Cir. 1983). Accordingly, the Court CONDITIONALLY APPOINTS Federal
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Defenders of San Diego, Inc. as counsel effectively immediately. The Court ORDERS
Petitioner to submit a form CJA 23 financial affidavit by March 9, 2026 to demonstrate
his financial eligibility. See 18 U.S.C. § 3006A(b); Terrovona v. Kincheloe, 912 F.2d 1176,
1181–82 (9th Cir. 1990). However, if Federal Defenders of San Diego, Inc. determines that
Petitioner is not financially eligible to be appointed counsel or that it does not have the
resources to represent Petitioner, Federal Defenders of San Diego, Inc. shall notify
Petitioner and file notice with the Court on or before March 4, 2026. If that occurs,
Petitioner shall continue unrepresented.
Additionally, the Court finds it necessary to order a limited stay pursuant to the All
Writs Act, 28 U.S.C. § 1651, to preserve the status quo until the Court can provide a
reasoned decision, in order to avoid any potential jurisdictional problems if Petitioner is
removed from this district.1 See E-C-R- v. Noem, No. 3:25-CV-1230-SI, 2025 WL
2300543, at *1 & n.1 (D. Or. July 16, 2025) (“Courts around the country exercise their
authority under the All Writs Act to maintain their jurisdiction over pending immigration
matters by preserving the status quo.” (collecting cases)).
Accordingly, the Court ORDERS the following:
1. 	On or before March 9, 2026, Petitioner shall file an amended petition that
alleges which constitutional rights, laws, or treaties of the United States have been violated
by his detention. An amended petition will supersede and replace the original petition, so
the amended petition must be complete in and of itself without reference to the original
petition.
2. 	Respondents are ORDERED TO SHOW CAUSE why the Petition should
not be granted by filing a written Return on or before March 16, 2026. The Return shall
include any documents relevant to the determination of the issues raised in the Petition and
1 Under the All Writs Act, “all courts established by an Act of Congress may issue all writs
necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages
and principles of law.” 28 U.S.C. § 1651(a).
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shall address whether an evidentiary hearing on the Petition is needed. Respondents shall
serve a copy of their Return upon Petitioner concurrently with the filing.
3. 	Petitioner may reply to the Return by filing a Traverse on or before
March 23, 2026.
4. 	After briefing is complete, the Court will take the matter under submission
and without oral argument pursuant to Local Civil Rule 7.1(d)(1), unless the parties are
notified otherwise.
5. 	Respondents, their agents, employees, successors, attorneys, and all persons
acting in active concert or participation with them are hereby ENJOINED from removing
Petitioner from the United States or this district pending further order of the Court,
to maintain the status quo to allow the Court to provide a reasoned decision.
6. 	The Clerk of Court shall transmit a copy of this Order and the Petition [ECF
No. 1] to the U.S. Attorney’s Office for the Southern District of California.
IT IS SO ORDERED.
Dated: February 20, 2026
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