Xu v. LaRose et al

- 1 - 26cv1035
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
BANGQIANG XU,
Petitioner,
v.
CHRISTOPHER J. LAROSE, et al.,
Respondents.
Case No. 26-cv-01035-BAS-BJW
ORDER:
(1) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1);
AND
(2) 	SETTING HEARING ON
PETITION
Petitioner Bangqiang Xu filed a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241. (ECF No. 1.) In his Petition, Petitioner claims that he is being detained
by Immigration and Customs Enforcement (“ICE”) in violation of the Fifth Amendment.
(Id.)
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,
Case 3:26-cv-01035-BAS-BJW Document 2 Filed 02/20/26 PageID.<pageID> Page
1 of 2

- 2 - 26cv1035
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
palpably incredible, or patently frivolous or false.”). 	Therefore, the Court will order the
Government to respond to the Petition and set a hearing.
Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Petition no later than February
26, 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 5,
2026.
3. 	The parties must appear in Courtroom 12B on March 13, 2026, at 11:30 a.m.
for a hearing on the Petition.
4. 	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 19, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-01035-BAS-BJW Document 2 Filed 02/20/26 PageID.<pageID> Page
2 of 2