Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RUBEN JOSE GAITAN AMADOR,
Petitioner,
v.
OTAY MESA DETENTION CENTER,
Respondent.
Case No. 26-cv-01106-BAS-DDL
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Ruben Jose Gaitan Amador filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner is self-represented. He claims he
is being unlawfully detained by Immigration and Customs Enforcement without a bond
determination. (Id.)
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:
Case 3:26-cv-01106-BAS-DDL Document 2 Filed 02/24/26 PageID.<pageID> Page
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1. 	The Government must file a response to the Petition no later than March 4,
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: February 24, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-01106-BAS-DDL Document 2 Filed 02/24/26 PageID.<pageID> Page
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