Rodriguez Castro v. Larose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
HUMBERTO RODRIGUEZ CASTRO,
Petitioner,
v.
CHRISTOPHER J. LAROSE, et al.,
Respondents.
Case No. 26-cv-01113-BAS-VET
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Humberto Rodriguez Castro 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.) 	Petitioner also alleges he is a member of the class certified in the
Central District’s decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-SSS-
BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025).
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,
Case 3:26-cv-01113-BAS-VET Document 2 Filed 02/23/26 PageID.<pageID> Page
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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 March 2,
2026. 	The Government’s 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 in support of his Petition no later than March 9,
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 23, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-01113-BAS-VET Document 2 Filed 02/23/26 PageID.<pageID> Page
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