Aguilar Carreon v. Larose et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
LUIS ALBERTO AGUILAR CARREON,
Petitioner,
v.
CHRISTOPHER LAROSE, et al.,
Respondents.
Case No. 26-cv-00727-BAS-SBC
ORDER REQUIRING THE
GOVERNMENT TO RESPOND TO
PETITION FOR WRIT OF HABEAS
CORPUS (ECF No. 1)
Petitioner Luis Alberto Aguilar Carreon filed a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241. (ECF No. 1.) Petitioner claims that he is being detained by
Immigration and Customs Enforcement in violation of the immigration laws. 	(Id.)
Petitioner also alleges he is a member of the class certified in 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).
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,
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:
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1. 	The Government must file a response to the Petition no later than February
13, 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 February
20, 2026.
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 6, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
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