Ramiro Trujillo Hernandez v. Warden of the Golden State Annex Detention...

United States District Court for the Eastern District of California

Ramiro Trujillo Hernandez v. Warden of the Golden State Annex Detention...

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMIRO TRUJILLO HERNANDEZ, No. 1:25-cv-1711-WBS-SCR 12 Petitioner, 13 v. ORDER 14 WARDEN OF THE GOLDEN STATE 15 ANNEX DETENTION FACILITY, et al., 16 Respondents. 17 18 Petitioner, an immigration detainee who is representing himself, filed a petition for a writ 19 of habeas corpus pursuant to

28 U.S.C. § 2241

together with a motion to proceed in forma 20 pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to 21 afford the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. See 22

28 U.S.C. § 1915

(a). 23 Petitioner has also requested the appointment of counsel. In light of the complexity of the 24 legal issues involved and petitioner’s demonstration of indigency, the court has determined that 25 the interests of justice require the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B); see 26 also Weygandt v. Look,

718 F.2d 952, 954

(9th Cir. 1983). The court appoints the Office of the 27 Federal Defender for this District to represent petitioner in this case. 28 //// 1 The court has conducted a preliminary review of the petition pursuant to Rule 4 of the 2 Rules Governing Habeas Corpus Cases Under Section 2254.1 Because petitioner may be entitled 3 to the requested relief if the claimed violation of constitutional rights is proved, respondent will 4 be directed to show cause why the writ should not be granted by filing an answer/return within 20 5 days from the date of this order. See

28 U.S.C. § 2243

. Petitioner may file a reply/traverse to the 6 answer/return within 14 days after being served a copy of it. 7 In accordance with the above, IT IS HEREBY ORDERED that: 8 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted. 9 2. Petitioner’s motion to appoint counsel (ECF No. 3) is granted. The Federal Defender 10 is appointed to represent petitioner. 11 3. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 12 Attention: Habeas Appointment, along with a copy of the § 2241 petition. 13 4. Additionally, the Clerk of the Court shall serve a copy of this order together with a 14 copy of the § 2241 petition on the United States Attorney’s Office. 15 5. The parties are directed to meet and confer for the purpose of submitting a joint 16 proposed briefing schedule in this case. 17 6. The parties shall file a joint proposed briefing schedule and submit it to the court by 18 emailing it to [email protected] no later than 14 days from the date of this order. 19 7. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 20 respondent shall not transfer petitioner to another detention center outside of this judicial district, 21 pending further order of the court. See

28 U.S.C. § 1651

(a) (establishing the All Writs Act which 22 empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective 23 jurisdictions….”); see also F.T.C. v. Dean Foods Co.,

384 U.S. 597, 604

(1966) (emphasizing that 24 //// 25 //// 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 § 2241 28 petitions. 1 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 2 || injunction pending review of an agency’s action’’). 3 || DATED: December 10, 2025 6 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Full Case Name
Ramiro Trujillo Hernandez v. Warden of the Golden State Annex Detention Facility, et al.
Status
Unknown