Devilmar v. U.S. Immigration and Customs Enforcement ICE et al

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3:26-cv-0009-JES-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
FEDLIN DEVILMAR,
Petitioner,
v.
U.S. IMMIGRATION AND CUSTOMS
ENFORCEMENT; and OTAY MESA
DETENTION CENTER
Respondents.
Case No.: 3:26-cv-0009-JES-MSB
ORDER:
(1) STAYING REMOVAL OF
PETITIONER TO PRESERVE
JURISDICTION
(2) SETTING BRIEFING
SCHEDULE; and
(3) REQUIRING A RESPONSE TO
PETITION FOR WRIT OF HABEAS
CORPUS
[ECF No. 1]
Before the Court is Petitioner Fedlin Devilmar’s Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. ECF No. 1. To preserve the Court’s jurisdiction pending a
ruling in this matter, Petitioner SHALL NOT be removed from this District unless and
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3:26-cv-0009-JES-MSB
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until the Court orders otherwise. See Doe v. Bondi, Case. No. 25-cv-805-BJC-JLB, 2025
WL 1870979 at *2 (S.D. Cal. June 11, 2025) (“Federal courts retain jurisdiction to preserve
the status quo while determining whether it has subject matter jurisdiction over a case and
while a petition is pending resolution from the court.”) (citing cases); A.M. v. LaRose et
al., 25-cv-01412, ECF No. 2 (S.D. Cal. June 4, 2025) (“Pursuant to Petitioner’s request for
a 	Temporary 	restraining 	order, 	the 	Court 	hereby 	(1) 	RESTRAINS 	and 	ENJOINS
Respondents, their agents, employees, successors, attorneys, and all persons in active
concert and participation with them, from removing Petitioner A.M. from the United States
or this District pending further order of this Court”); see also A.A.R.P v. Trump, 605 U.S.
91, 97 (2025) (Federal courts have “the power to issue injunctive relief to prevent
irreparable harm to the applicant and to preserve [] jurisdiction over the matter.”); Nguyen
v. Scott, No. 2:25-CV-01398, 2025 WL 2097979, at *3 (W.D. Wash. July 25, 2025)
(enjoining the Respondents from removing Petitioner without approval from the court).
Respondents are ORDERED TO SHOW CAUSE as to why the Petition should not
be granted by filing a Response no later than 5:00 p.m. on Tuesday, January 13, 2026.
The Response shall include any documents relevant to the determination of the issues
raised in the Petition and address whether an evidentiary hearing on the Petition is
necessary. Respondents SHALL SERVE a copy of the Response on the Petitioner.
Petitioner may file an optional Traverse in support of the Petition no later than 5:00 p.m.
on Wednesday, January 14, 2026. Upon receipt of the Response, the Court will consider
the matter fully briefed, no oral argument will be held unless otherwise ordered, and the
matter will be taken under submission.
IT IS SO ORDERED.
Dated: January 8, 2026
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