Jacinto Rodriguez v. LaRose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ANTONIO JOSAFHAT JACINTO
RODRIGUEZ,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00693-BAS-DEB
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Antonio Josafhat Jacinto Rodriguez filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241. 	(ECF No. 1.) 	Petitioner claims that he is being
detained by Immigration and Customs Enforcement in violation of the immigration laws
and the Fifth Amendment. (Id.)
Having reviewed the Petition, the Court finds that 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.”). 	Therefore, the Court will order the
Government to respond to the Petition. Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Petition no later than February
12, 2026. 	The Government’s response must address the allegations in the Petition and
Case 3:26-cv-00693-BAS-DEB Document 2 Filed 02/05/26 PageID.<pageID> Page
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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 February
19, 2026.
3. 	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 5, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00693-BAS-DEB Document 2 Filed 02/05/26 PageID.<pageID> Page
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