Case Name in Immigration Case - Unavailable

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26-cv-1206-BJC-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
NEISSA PHILOSTENE,
Petitioner,
v.
CHRISTOPHER LAROSE, Warden of
the Otay Mesa Detention Center, et. al.,
Respondents.
Case No.: 26-cv-1206-BJC-VET
ORDER REQUIRING RESPONSE TO
PETITION FOR WRIT OF HABEAS
CORPUS AND PROHIBITING
TRANSFER OF PETITIONER
On February 25, 2026, Petitioner Neissa Philostene, a citizen of Haiti, filed a Petition
for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. After a review of
the petition and motion, this Court deems it appropriate to require Respondents to file a
response. 	Additionally, the Court finds a limited stay is necessary to preserve the status
quo to allow the Court to provide a reasoned decision on the pending application. See E-
C-R- v. Noem, No. 3:25-CV-1230-SI, 2025 WL 2300543, at *1 (D. Or. July 16, 2025)
(finding an order under the All Writs Act, 28 U.S.C. § 1651, necessary to prevent the arrest,
detention or deportation of the plaintiff while the parties litigate the merits of the plaintiff’s
motion for injunctive relief); Du v. United States Dep’t of Homeland Sec., No. 3:25-CV-
644 (OAW), 2025 WL 1317944, at *2 (D. Conn. Apr. 24, 2025) (enjoining the defendants,
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26-cv-1206-BJC-VET
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under the All Writs Act, from removing the plaintiffs from the District of Connecticut to
preserve the court’s jurisdiction).
Based on the foregoing, the Court ORDERS:
1. 	Respondents shall file a response to the petition no later than close of
business March 9, 2026. 	Respondents shall include copies of all pertinent documents,
orders, and transcripts relevant to this petition.
2. 	Petitioner may file a traverse, no later than close of business March 16,
2026. Absent further order of this Court, this matter will be deemed under submission at
that time.
3. 	Respondents, their agents, employees, successors, attorneys, and all persons
acting in active concert or participation with them are hereby ENJOINED from removing
Petitioner from the United States or this District pending further order of the Court, to
maintain the status quo to allow the Court to provide a reasoned decision to the request at
hand.
IT IS SO ORDERED.
Dated: March 2, 2026
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