Ahmed v. Marrero

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
FUAD ABDULIELIL AHMED,
Petitioner,
v.
SIXTO MARRERO,
Respondent.
Case No. 26-cv-01170-BAS-MMP
ORDER:
(1) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1);
AND
(2) 	SETTING HEARING ON
PETITION
Petitioner Fuad Abdulielil Ahmed 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 by Immigration and Customs Enforcement (“ICE”) in violation of the Fifth
Amendment. (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,
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palpably incredible, or patently frivolous or false.”). 	Therefore, the Court will order the
Government to respond to the Petition and set a hearing.
Accordingly, the Court ORDERS as follows:
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.
2. 	Petitioner may file a reply in support of his Petition no later than March 11,
2026.
3. 	The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m.
for a hearing on the Petition.
4. 	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 25, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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