1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 Vinayak NAYYER, Case No.: 25-cv-3111-AGS-DDL 4 Petitioner, ORDER REQUIRING RESPONSE 5 v. 6 Christopher J. LAROSE, et al., 7 Respondents. 8 9 Petitioner Vinayak Nayyer seeks a writ of habeas corpus under

10 challenging his immigration detention. At this stage, he need only make out a claim that is 11 sufficiently cognizable to warrant a response. See Rules Governing Section 2254 Cases in 12 the United States District Courts, Rule 4 (authorizing summary dismissal “if it plainly 13 appears from the petition and any attached exhibits that the petitioner is not entitled to 14 relief”);

Rule 1(b) (permitting use of those Rules to any “habeas corpus petition”). In 15 this context, the relevant federal rules permit “summary dismissal of claims that are clearly 16 not cognizable.” Neiss v. Bludworth,

(9th Cir. 2024) (cleaned up). 17 But “as long as a petition has any potential merit, it is not so frivolous or incredible as to 18 justify summary dismissal[.]”

19 Nayyer alleges that he’s been in immigration custody since “May 26, 2025.” (ECF 20 1, at 2.) Respondents “purport to hold [him] under

(b)(2),” and because of 21 a Board of Immigration Appeals’ opinion in “Matter of Yajure Hurtado,” this “subject[s]” 22 him “to mandatory detention.” (ECF 1, at 14, 17.) He claims that he is instead “subject to 23 [§] 1226(a),” which entitles him to “an individualized bail hearing before a neutral 24 adjudicator.” (ECF 1, at 14–15.) The statutory misclassification, he argues, renders his 25 detention “unlawful[].” (Id. at 1.) 26 This challenge has sufficient potential merit to warrant a response. Functionally 27 identical cases across the country have been found to have a “likelihood of success on the 28 merits” or have resulted in the writ being issued. See, e.g., Mosqueda v. Noem, No. 5:25- 1 || cv-02304 CAS (BFM),

, at *5 (C.D. Cal. Sept. 8, 2025) (“[T]he Court 2 || concludes that petitioners are likely to succeed on the merits of their claims because section 3 || 1226(a), not section 1225(b)(2), likely governs their detention.”); Vazquez v. Feeley, No. 4 ||2:25-cv-01542-RFB-EJY,

, at *11 (D. Nev. Sept. 17, 2025) (same); 5 also Rodriguez v. Bostock, No. 3:25-cv-05240-TMC,

, at *1 6 || (W.D. Wash. Sept. 30, 2025) (“Every district court to address this question has concluded 7 the government’s position belies the statutory text of the INA, canons of statutory 8 |/interpretation, legislative history, and longstanding agency practice.”); Quispe vy. 9 || Crawford, No. 1:25-cv-1471-AJT-LRV,

, at *6 (E.D. Va. Sept. 29, 10 2025) (“Petitioner’s detention is governed by § 1226(a)’s discretionary framework, not 11 |} § 1225(b)’s mandatory detention procedures, as at least thirty federal district courts around 12 || the country, including two in this Circuit, have concluded when faced with habeas petitions 13 || from comparably situated petitioners.”). 14 By November 21, 2025, respondent must answer the petition. Any reply by 15 || petitioner must be filed by December 3, 2025. The Court will hold oral arguments on the 16 || petition on December 12, 2025, at 10:00 a.m. 17 || Dated: November 12, 2025

19 Hon. rew G. Schopler United States District Judge 20 21 22 23 24 25 26 27 28