Yanez Ochoa v. Lyons et al

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26cv1019-LL-BLM
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HENRY YONEL YANEZ OCHOA,
Petitioner,
v.
TODD LYONS, ACTING DIRECTOR,
IMMIGRATION AND CUSTOMS
ENFORCEMENT, ET AL.,
Respondents.
Case No.: 26cv1019-LL-BLM
ORDER REQUIRING RESPONSE
TO PETITION AND SETTING
BRIEFING SCHEDULE
Petitioner Henry Yonel Yanez Ochoa is currently detained in the custody of the U.S.
Department of Homeland Security, Immigration and Customs Enforcement. On February
18, 2026, he filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241. ECF No.
1 (“Pet.”). Petitioner seeks a writ of habeas corpus directing Respondents to release him
from custody unless he is provided with an individualized bond hearing within seven days.
Pet. ¶ 7. 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,
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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. Respondents are ORDERED TO SHOW CAUSE why the Petition should not
be granted by filing a written Return on or before February 24, 2026 at 4:30 p.m. The
Return shall include any documents relevant to the determination of the issues raised in the
Petition. Respondents shall serve a copy of the Return upon Petitioner concurrently with
the filing.
2. 	Petitioner may, but is not required, to reply to the Response in Opposition to
the Petition by filing a Traverse on or before March 2, 2026 at 4:30 p.m.
3. 	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.
4. 	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.
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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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5. 	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 18, 2026
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