Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
DENNIS LLOYD HO-HING,
Petitioner,
v.
WARDEN OF IMPERIAL REGIONAL
DETENTION FACILITY, et al.
Respondents.
Case No.: 26cv5752-LL-DDL
ORDER CONDITIONALLY
APPOINTING COUNSEL AND
SETTING BRIEFING SCHEDULE
Petitioner Dennis Lloyd Ho-Hing, proceeding pro se, is a detainee in the custody of
the U.S. Department of Homeland Security, Immigration and Customs Enforcement. On
October 7, 2026, he filed a Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2241. ECF No. 1 (“Pet.”). The same day, he also filed a Motion to Appoint Counsel. ECF
No. 2.
Petitioner is a noncitizen who claims that his prolonged detention since May 2026
without a bond hearing is unlawful. Id. at 2. He seeks a writ of habeas corpus directing
Respondents to provide him with a bond hearing. Id. at 18.
The Court finds that representation will serve the interests of justice in this § 2241
petition, given the complexity and potential validity of the constitutional, statutory, and
procedural issues presented. 18 U.S.C. § 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952,
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954 (9th Cir. 1983). Accordingly, the Court GRANTS Petitioner’s Motion to Appoint
Counsel by CONDITIONALLY APPOINTING Federal Defenders of San Diego, Inc. as
counsel effectively immediately. However, if Federal Defenders of San Diego, Inc.
determines that Petitioner is not financially eligible to be appointed counsel or that it does
not have the resources to represent Petitioner, Federal Defenders of San Diego, Inc. shall
notify Petitioner and file notice with the Court on or before October 20, 2026. If that
occurs, Petitioner shall continue unrepresented.
Additionally, 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, 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. 	On or before October 22, 2026, Petitioner may file an amended petition. An
amended petition will supersede and replace the original petition, so the amended petition
must be complete in and of itself without reference to the original petition.
2. 	Respondents are ORDERED TO SHOW CAUSE why the Petition should
not be granted by filing a written Return on or before October 29, 2026. The Return shall
include any documents relevant to the determination of the issues raised in the Petition and
shall address whether an evidentiary hearing on the Petition is needed. Respondents shall
serve a copy of the Return upon Petitioner concurrently with the filing.
/ / /
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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3. 	Petitioner may reply to the Return by filing a Traverse by November 5, 2026.
4. 	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.
5. 	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.
6. 	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: October 9, 2026
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