Lin v. Noem et al

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26-cv-1280-BJC-DEB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
QIBAO LIN,
Petitioner,
v.
Kristi NOEM, Secretary, Department of
Homeland Security, et al.;
Respondents.
Case No.: 26-cv-1280-BJC-DEB
ORDER SETTING BRIEFING
SCHEDULE ON THE WRIT AND
PROHIBITING TRANSFER OF
PETITIONER
[ECF No. 1,2]
On February 19, 2026, Qibao Lin (“Petitioner”), appearing pro se, filed a petition
for a writ of habeas corpus. ECF No. 1. Petitioner was taken into immigration custody on
December 3, 2024, and has remained detained since that date. 	Id. at 6. 	Petitioner has a
pending application for asylum before the immigration court. 	Id. 	An individual merits
hearing in Petitioner’s removal proceedings is currently scheduled for April 2026. Id.
The Court finds a limited stay is necessary to preserve the status quo to allow the
Court to hold the hearing and provide a reasoned decision on the pending motion. 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); A.M. v. Larose et al, No. 3:25-CV-1412, ECF No. 2 (S.D.
Cal. June 4, 2025) (enjoining the defendants, under the All Writs Act, from removing the
plaintiffs from the Southern District of California to preserve the court’s jurisdiction).
Case 3:26-cv-01280-BJC-DEB Document 3 Filed 03/02/26 PageID.<pageID> Page
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26-cv-1280-BJC-DEB
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Based on the foregoing, IT IS HEREBY ORDERED:
1. 	The Court finds that representation is necessary given the complexity and
potential validity of the constitutional, statutory, and procedural issues
presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly,
the Court 	CONDITIONALLY APPOINTS 	Federal Defenders 	of San
Diego, 	Inc. 	as 	counsel 	effectively 	immediately. 	The 	Court 	ORDERS
Petitioner to submit a form CJA 23 financial affidavit by March 16, 2026 to
demonstrate his financial eligibility. See Terrovona v. Kincheloe, 912 F.2d
1176, 1181–82 (9th Cir. 1990); 18 U.S.C. § 3006A(b).
2. 	Respondents shall file a response to the writ of habeas corpus
no later than close of business on March 9, 2026.
3. 	Petitioner may file a reply no later than close of business on March 16, 2026.
4. 	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 hold
a hearing and provide a reasoned decision to the request at hand.
IT IS SO ORDERED.
Dated: March 2, 2026
Case 3:26-cv-01280-BJC-DEB Document 3 Filed 03/02/26 PageID.<pageID> Page
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