Santos-Diaz v. Noem et al

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26cv0582
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
YSMEL SANTOS-DIAZ,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00582-BAS-DEB
ORDER:
(1) REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1);
(2) SETTING BRIEFING
SCHEDULE ON MOTION FOR
INJUNCTIVE RELIEF
(ECF No. 2);
(3) PROVIDING NOTICE UNDER
RULE 65(a)(2); AND
(4) SETTING HEARING ON
PETITION AND MOTION FOR
INJUNCTIVE RELIEF
Petitioner Ysmel Santos-Diaz filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner claims that he is being detained
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by Immigration and Customs Enforcement (“ICE”) in violation of immigration regulations
and Zadvydas v. Davis, 533 U.S. 678 (2001). (Id.)
In addition, Petitioner filed a Motion for Temporary Restraining Order (“Motion for
Injunctive Relief”). (ECF No. 2.) Petitioner asks the Court to order his immediate release.
(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.
Turning to the Motion for Injunctive Relief, the Court denies the ex parte request for
a temporary restraining order. See Fed. R. Civ. P. 65(b). “While temporary restraining
orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the
Court will do so only in extraordinary circumstances. The Court’s strong preference is for
the opposing party to be served and afforded a reasonable opportunity to file an
opposition.” Standing Order for Civil Cases § 9; see also Granny Goose Foods, Inc. v.
Bhd. of Teamsters & Auto Truck Drivers Loc. No. 70 of Alameda Cnty., 415 U.S. 423, 438–
39 (1974) (discussing ex parte temporary restraining orders and their “stringent
restrictions”); accord Reno Air Racing Ass’n, Inc. v. McCord, 452 F.3d 1126, 1131 (9th
Cir. 2006) (same). Thus, the Court will instead consider the Motion for Injunctive Relief
under Rule 65(a) and provide the Government with an opportunity to respond.
In addition, the Court provides notice to the parties that it intends to consolidate the
Motion for Injunctive Relief with a determination on the merits under Rule 65(a)(2). See
Fed. R. Civ. P. 65(a)(2); see also Slidewaters LLC v. Wash. State Dep’t of Lab. & Indus.,
4 F.4th 747, 759 (9th Cir. 2021) (noting the court can invoke Rule 65(a)(2) by giving “clear
and unambiguous notice”).
Accordingly, the Court ORDERS as follows:
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1. The Government must file a response to the Petition and the Motion for
Injunctive Relief no later than February 9, 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 and the Motion for
Injunctive Relief no later than February 17, 2026.
3. The parties must appear in Courtroom 12B on February 27, 2026, at 11:30
a.m. for a hearing on the Petition.
4. The Court confirms appointment of Federal Defenders of San Diego, Inc., as
counsel for Petitioner under Chief Judge Order No. 134 (S.D. Cal. Nov. 18, 2025).
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), the Motion for Injunctive Relief (ECF No. 2), and
this Order.
IT IS SO ORDERED.
DATED: January 30, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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