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3:25-cv-03744Casd26 de dez. de 2025

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25-CV-3744 JLS (MMP)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ASKAR NAGIYEV,
Petitioner,
v.
Warden, Otay Mesa Detention Center,
Respondent.
Case No.: 25-CV-3744 JLS (MMP)
ORDER REFERRING PETITION
TO FEDERAL DEFENDERS FOR
EVALUATION REGARDING
APPOINTMENT OF COUNSEL
(ECF No. 1)
Presently before the Court is Petitioner Askar Nagiyev’s Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Petitioner alleges that he has
been detained by the United States Department of Homeland Security’s Immigration and
Customs Enforcement division at the Otay Mesa Detention Center since January 12, 2025,
when he entered the United States and applied for asylum. Pet. at 6.
The Court ORDERS as follows:
(1) 	The Court REFERS this Petition to Federal Defenders for an evaluation of
whether appointment of counsel would be beneficial to Petitioner. The Court requests that
Federal Defenders make its evaluation and file a status report or appropriate motion by
January 12, 2026.
Case 3:25-cv-03744-JLS-MMP Document 2 Filed 12/26/25 PageID.<pageID> Page
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25-CV-3744 JLS (MMP)
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(2) 	The Clerk of the Court SHALL SERVE a copy of this Order and the Petition
on the Federal Defenders of San Diego, Inc.
(3) 	To maintain the status quo, Respondents, their officers, agents, servants,
employees, 	attorneys, 	and 	other persons 	who 	act 	in 	concert 	or participation 	with
Respondents MUST NOT transfer Petitioner outside of the Southern District of California
pending the Court’s resolution of the Petition. 	See Doe v. Bondi, Case No.: 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).
IT IS SO ORDERED.
Dated: December 26, 2025
Case 3:25-cv-03744-JLS-MMP Document 2 Filed 12/26/25 PageID.<pageID> Page
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