Vargas v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LUIS ANGEL ONATE VARGAS,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00310-BAS-JLB
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
On January 18, 2026, Petitioner Luis Angel Onate Vargas filed a Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner claims that he is
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,
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:
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1. 	The Government must file a response to the Petition no later than January
27, 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 3,
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
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