Abdi v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RIDWAN ABDILAHI ABDI,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-01430-BAS-JLB
ORDER:
(1) 	REQUIRING THE
GOVERNMENT TO RESPOND
TO PETITION FOR WRIT OF
HABEAS CORPUS (ECF No. 1);
AND
(2) 	SETTING HEARING ON
PETITION
Petitioner Ridwan Abdilahi Abdi 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-01430-BAS-JLB Document 2 Filed 03/06/26 PageID.<pageID> Page
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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 March 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 March 20,
2026.
3. 	The parties must appear in Courtroom 12B on March 27, 2026, at 11:00 a.m.
for a hearing on the Petition.
IT IS SO ORDERED.
DATED: March 6, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-01430-BAS-JLB Document 2 Filed 03/06/26 PageID.<pageID> Page
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