Kong Meng Vue v. Warden, et al.
Kong Meng Vue v. Warden, et al.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KONG MENG VUE, Case No. 1:25-cv-1713-DAD-JDP (P) 12 Petitioner, 13 v. ORDER 14 WARDEN, et al., 15 Respondents. 16 17 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 18 of habeas corpus pursuant to
28 U.S.C. § 2241. Petitioner has also filed a motion for appointed 19 counsel, ECF No. 2. The court has conducted a preliminary review of the petition pursuant to 20 Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254.1 21 Petitioner’s motion for the appointment of counsel, ECF No. 2, will be granted. In light of 22 the complexity of the legal issues involved, the court has determined that the interests of justice 23 require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see also Weygandt v. Look, 24
718 F.2d 952, 954(9th Cir. 1983). Within seven days of this order, the appointing authority for 25 the Eastern District of California shall identify counsel and send counsel’s contact information to 26
27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district court to apply any or all of the rules to other types of habeas corpus petitions including 28 § 2241 petitions. 1 [email protected], and counsel will be added as counsel for petitioner. If counsel 2 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 3 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 4 hac vice. 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Petitioner’s request for appointment of counsel, ECF No. 2, is GRANTED. 7 2. The Clerk of the Court shall serve a copy of this order together with a copy of 8 petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the Federal 9 Defender, Attention: Habeas Appointment. 10 3. Within seven days of this order, the appointing authority for the Eastern District of 11 California shall identify counsel and send counsel’s contact information to 12 [email protected], and counsel will be added as counsel for petitioner. If counsel 13 is not a member of the Eastern District of California Criminal Justice Act Panel, within seven 14 days of this Order the Federal Defender shall file a motion to appoint counsel as CJA counsel pro 15 hac vice. 16 4. The Clerk of the Court shall serve a copy of this order together with a copy of 17 petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the United 18 States Attorney. 19 5. Within seven days of petitioner’s counsel appearing, the parties shall file a joint status 20 report addressing any motions the parties anticipate filing and a proposed briefing schedule for 21 such motions. 22 6. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 23 respondent shall not transfer petitioner to another detention center outside of this judicial district, 24 pending further order of the court. See
28 U.S.C. § 1651(a) (establishing the All Writs Act which 25 empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 26 jurisdictions. . . .”); see also F.T.C. v. Dean Foods Co.,
384 U.S. 597, 604(1966) (emphasizing 27 that federal courts have the power to “to preserve the court’s jurisdiction or maintain the status 28 quo by injunction pending review of an agency’s action”); E-C-R v. Noem, No. 25-cv-1230-SI, 1 |
2025 WL 2300543, at *1 n.1 (D. Or. July 16, 2025) (“Courts around the country exercise their 2 | authority under the All Writs Act to maintain their jurisdiction over pending immigration matters 3 | by preserving the status quo.”). 4 5 IT IS SO ORDERED.
Dated: _ December 8, 2025 q———_ 7 JEREMY D. PETERSON 8 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
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