Ayala Perez v. Noem et al

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3:25-cv-03777-CAB-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALEXI AYALA PEREZ,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No.: 3:25-cv-03777-CAB-JLB
ORDER TO RESPOND
On December 25, 2025, Petitioner Alexi Ayala Perez (“Petitioner”) filed a petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. 	[Doc. No. 1 (“Petition”).]
Petitioner claims that he is detained by Immigration and Customs Enforcement (“ICE”) in
violation of the Immigration and Nationality Act, the Fifth Amendment, and ICE’s own
regulations governing the termination of parole. 	[Id. at 2, 12–14.] 	He principally seeks
immediate release, or alternatively, a constitutionally adequate bond hearing. [Id. at 15.]
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,
palpably incredible, or patently frivolous or false.”).
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3:25-cv-03777-CAB-JLB
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Accordingly, the Court ORDERS as follows:
1. 	Respondents shall file a response to the Petition by January 5, 2026. 	The
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 by January 8, 2026.
3. 	To maintain the status quo, Respondents, their officers, agents, servants,
employees, 	attorneys, 	and 	other 	persons 	who 	act 	in 	concert 	or 	participation 	with
Respondents 	SHALL NOT transfer 	Petitioner 	outside 	of 	the 	Southern 	District 	of
California pending the Court’s resolution of the petition.1
4. 	The Clerk of Court shall provide the Civil Division of the U.S. Attorney’s
Office with a copy of the Petition and this order.
It is SO ORDERED.
Dated: December 29, 2025
1 See Doe v. Bondi, Case No. 3:25-cv-805-BJC-JLB, 2025 WL 1870979, at *1 (S.D. Cal. June 11, 2025)
(“Federal courts retain jurisdiction to preserve the status quo while determining whether [they have]
subject matter jurisdiction over a case and while a petition is pending resolution from the court.”)
(collecting cases).
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