Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
WISKENCIA DESULMA,
Petitioner,
v.
DIRECTOR, OTAY MESA
DETENTION CENTER, et al.,
Respondents.
Case No. 26-cv-01324-BAS-JLB
ORDER:
(1) 	GRANTING MOTION FOR
LEAVE TO PROCEED IN
FORMA PAUPERIS (ECF
No. 2); AND
(2) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1)
Petitioner Wiskencia Desulma filed a Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner is self-represented. She claims she is being
unlawfully 	detained 	by 	Immigration 	and 	Customs 	Enforcement 	without 	a 	bond
determination. (See id.)
Petitioner has also filed a Motion to Proceed in Forma Pauperis attesting Petitioner
has no means to pay the $5.00 filing fee. (ECF No. 2.) Accordingly, the Court GRANTS
Petitioner’s application to proceed in forma pauperis. The Clerk shall file the Petition for
a Writ of Habeas Corpus without prepayment of the filing fee.
Case 3:26-cv-01324-BAS-JLB Document 3 Filed 03/04/26 PageID.<pageID> Page
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Further, having reviewed the Petition, the Court finds that 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, palpably incredible, or patently frivolous or false.”). Therefore, the
Court will order the Government to respond to the Petition. 	Accordingly, the Court
ORDERS as follows:
1. 	The Government must file a response to the Petition no later than March 12,
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.
The Government must also address whether Petitioner is a member of the class certified in
Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3678485 (C.D.
Cal. Dec. 18, 2025).
2. 	No reply by Petitioner is necessary unless requested by the Court.
3. 	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: March 4, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-01324-BAS-JLB Document 3 Filed 03/04/26 PageID.<pageID> Page
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