Martinez v. Warden Christopher LaRose

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
OSCAR LEMUS MARTINEZ,
Petitioner,
v.
WARDEN CHRISTOPHER LAROSE,
Respondent.
Case No. 26-cv-00658-BAS-BLM
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Oscar Lemus Martinez filed a Petition for Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner is self-represented. He claims that he has
been detained by Immigration and Customs Enforcement “since May 27, 2025,” but it
appears that he was not detained at the border. (See id.) Petitioner alleges that he received
a bond hearing on August 1, 2025, where the Immigration Judge granted bond, but the
Government appealed the ruling. (Id.) It appears that the Board of Immigration Appeals
(“BIA”) set aside the bond ruling. (See id.)
Having reviewed the Petition, the Court finds that 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,
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palpably incredible, or patently frivolous or false.”). 	Therefore, the Court will order the
Government to respond to the Petition. Accordingly, the Court ORDERS as follows:
1. 	The Government must file a response to the Petition no later than February
12, 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. The Government must also address whether Petitioner is a member of the class
under the Central District’s decision in Maldonado Bautista v. Noem, No. 5:25-CV-01873-
SSS-BFM, 2025 WL 3678485 (C.D. Cal. Dec. 18, 2025), as well as whether the BIA
applied Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), to Petitioner’s case.
2. 	No Reply from Petitioner will be necessary unless requested by the Court.
3. 	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 5, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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