Manuel Sebastian et al v. Casey et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JORGE LUIS MANUEL SEBASTIAN;
EVARISTO JOSE QUIRINO; AND
YUXING GAO,
Petitioners,
v.
JEREMY CASEY, et al.,
Respondents.
Case No. 26-cv-00306-BAS-AHG
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
On January 18, 2026, Petitioners Jorge Luis Manuel Sebastian, Evaristo Jose
Quirino, and Yuxing Gao filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2241. (ECF No. 1.) Petitioners claim that they are being detained by Immigration and
Customs Enforcement in violation of the immigration laws and the Central District’s
decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-BFM, 2025 WL
3678485 (C.D. Cal. Dec. 18, 2025). (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-00306-BAS-AHG Document 2 Filed 01/20/26 PageID.<pageID> Page
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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 January
30, 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. 	Petitioners may file a reply in support of their Petition no later than February
6, 2026.
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: January 20, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00306-BAS-AHG Document 2 Filed 01/20/26 PageID.<pageID> Page
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