Narek Arshakyam v. Warden of California City Detention
Narek Arshakyam v. Warden of California City 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 NAREK ARSHAKYAM, No. 1:25-cv-1780 DAD AC P 12 Petitioner, 13 v. ORDER 14 WARDEN OF CALIFORNIA CITY DETENTION, 15 Respondent. 16
17 18 Petitioner, an immigration detainee who is representing themself, filed a petition for a writ 19 of habeas corpus pursuant to
28 U.S.C. § 2241. ECF No. 1. Based on the length of time in which 20 petitioner has been in immigration detention, the court hereby authorizes petitioner to proceed in 21 forma pauperis without prepayment of the filing fee in this action. See
28 U.S.C. § 1914. 22 Because petitioner may be entitled to the requested relief if the claimed violation of 23 constitutional rights is proved, respondent will be served with the § 2241 petition and directed to 24 show cause why the writ should not be granted by filing an answer/return. See
28 U.S.C. § 2243. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Respondent is directed to file an answer/return within 14 days from the date of this 27 order. Respondent shall include with the answer/return any and all transcripts or other documents 28 relevant to the determination of the issues presented in the application. ] 2. Respondent shall immediately request and obtain petitioner’s complete A-file. 2 3. Petitioner’s reply/traverse, if any, is due within 7 days after being served a copy of 3 || respondent’s answer/return. 4 4. The Clerk of the Court shall serve a copy of this order together with a copy of 5 || petitioner’s application for a writ of habeas corpus pursuant to
28 U.S.C. § 2241on the United 6 || States Attorney. 7 5. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition, 8 | respondent shall not transfer petitioner outside of this judicial district, pending further order of the 9 || court. See
28 U.S.C. § 1651(a) (establishing the All Writs Act which empowers the federal 10 || courts to “issue all writs necessary or appropriate in aid of their respective jurisdictions .. . .”); 11 || see also F.T.C. v. Dean Foods Co.,
384 U.S. 597, 604(1966) (emphasizing that federal courts 12 || have the power to “to preserve the court’s jurisdiction or maintain the status quo by injunction 13 || pending review of an agency’s action”’). 14 | DATED: December 10, 2025 15 Chthion— Chore ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown