Case Name in Immigration Case - Unavailable

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25-CV-3503 JLS (DEB)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
YINPIAO ZHOU,
Petitioner,
v.
DONALD J. TRUMP, President of the
United States, et al.,
Respondents.
Case No.: 25-CV-3503 JLS (DEB)
ORDER:
(1) DISMISSING WITH LEAVE TO
AMEND PETITION FOR WRIT OF
HABEAS CORPUS, AND
(2) DENYING MOTION TO WAIVE
FEES AND COSTS
(ECF Nos. 1, 2)
Presently before the Court is Petitioner Yinpiao Zhou’s Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). 	Also before the Court is
Petitioner’s Motion to Waive Fees and Costs (“Mot.,” ECF No. 2). 	Petitioner’s Motion
“requests that the fees and costs related to the filing of this proceeding be waived because
he is currently in detention and unable to access his funds.” 	Mot. at 1. 	Without more
information, however, the Court cannot waive fees and costs on these grounds. 	See
Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (Pursuant to 28 U.S.C. §
1915(a), a plaintiff may commence an action without paying the filing fees where she
submits an affidavit stating that she lacks sufficient funds and where her suit is not frivolous
Case 3:25-cv-03503-JLS-DEB Document 5 Filed 12/11/25 PageID.<pageID> Page
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25-CV-3503 JLS (DEB)
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or malicious. . . . An affidavit in support of an IFP application is sufficient where it alleges
that the affiant cannot pay the court costs and still afford the necessities of life. . . . [A]
plaintiff seeking IFP status must allege poverty with some particularity, definiteness and
certainty.” (internal citations and quotation marks omitted))
Accordingly, the Court DENIES Petitioner’s Motion (ECF No. 2) and DISMISSES
the Petition (ECF No. 1) with LEAVE TO AMEND until Petitioner submits a proper Form
to Proceed In Forma Pauperis1 or pays the filing fee.
IT IS SO ORDERED.
Dated: December 11, 2025
1 Available at:
https://www.casd.uscourts.gov/_assets/pdf/attorney/prose/Motion%20to%20Proceed%20IFP.pdf.
Case 3:25-cv-03503-JLS-DEB Document 5 Filed 12/11/25 PageID.<pageID> Page
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