Case Name in Immigration Case - Unavailable

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3:26-cv-1296-CAB-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ASIM PASHOLLI,
Petitioner,
v.
PATRICK DIVVER, et al.,
Respondents.
Case No.: 3:26-cv-1296-CAB-MSB
ORDER:
(1) DENYING MOTION FOR
TEMPORARY RESTRAINING
ORDER AS MOOT [Doc. No. 2]; and
(2) TO RESPOND
Petitioner Asim Pasholli (“Petitioner”) filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241, [Doc. No. 1 (“Petition”)], and a motion for a temporary
restraining order, [Doc. No. 2 (“TRO”)]. Petitioner alleges he has been unlawfully detained
by Immigration and Customs Enforcement (“ICE”) since September 5, 2025 when ICE
detained him to execute his final order of removal from 2009. [Petition at 4.]
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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Case 3:26-cv-01296-CAB-MSB Document 4 Filed 03/04/26 PageID.<pageID> Page
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3:26-cv-1296-CAB-MSB
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Accordingly, the Court ORDERS as follows:
1. 	Respondents shall file a response to the Petition by March 11, 2026. 	The
response must address the allegations in the Petition and must include any documents
relevant to the determination of the issues raised.
2. 	Petitioner may file a reply by March 16, 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 Accordingly, Petitioner’s
motion for TRO, [Doc. No. 2], is DENIED as moot.
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: March 4, 2026
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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