Lu v. Divver et al

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26-cv-781-JES-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ZHENWEI LU,
Petitioner,
v.
PATRICK DIVVER; KRISTI NOEM;
DEPARTMENT OF HOMELAND
SECURITY; PAMELA BONDI;
EXECUTIVE OFFICE OF
IMMIGRATION REVIEW: and
WARDEN OF OTAY MESA
DETENTION CENTER,
Respondents.
Case No.: 26-cv-781-JES-DEB
ORDER:
(1) REQUIRING A RESPONSE TO
PETITION FOR WRIT OF HABEAS
CORPUS;
(2) SETTING BRIEFING
SCHEDULE; AND
(3) STAYING REMOVAL OF
PETITIONER TO PRESERVE
JURISDICTION
Before the Court is Petitioner Zhenwei Lu’s (“Petitioner”) Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. Respondents are hereby
ORDERED TO SHOW CAUSE as to why the Petition should not be granted by filing a
written Response by February 12, 2026. Petitioner MAY FILE an optional Traverse in
support of the Petition by February 13, 2026.
To preserve the Court’s jurisdiction pending a ruling in this matter, Petitioner shall
not be removed from the United States or this District unless and until the Court orders
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26-cv-781-JES-DEB
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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) (finding
that 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).
IT IS SO ORDERED.
Dated: February 9, 2026
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