Marco Ruiz Mancilla Ruiz v. Christopher J. Larose, et al.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA MARCO RUIZ MANCILLA RUIZ, Case No. 25-cv-02714-BAS-SBC 12 Petitioner, ORDER REQUIRING THE 13 v. GOVERNMENT TO RESPOND TO PETITION FOR WRIT OF HABEAS CHRISTOPHER J. LAROSE, et al., CORPUS (ECF No. 1) 15 Respondents.

18 On October 14, 2025, Petitioner Marco Ruiz Mancilla Ruiz 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 in violation of the Fifth Amendment, as well as the Immigration and Nationality Act and its governing regulations. (Id.) 23 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, 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: I 1. The Government must file a response to the Petition no later than Monday, || October 27, 2025. 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.

5 2. Petitioner may file a reply in support of his Petition no later than Monday, || November 3, 2025.

7 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.

9 IT IS SO ORDERED.

11 || DATED: October 20, 2025 (yatta Bahar 12 Hon. Cynthia Bashant, Chief Judge B United States District Court a.