Vado C.G. v. Warden of the Golden State Annex Detention Facility et al.

United States District Court for the Eastern District of California

Vado C.G. v. Warden of the Golden State Annex Detention Facility et al.

Trial Court Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 VADO C.G., No. 1:25-cv-01858-TLN-CSK 11 Petitioner, 12 v. ORDER 13 WARDEN OF THE GOLDEN STATE ANNEX DETENTION FACILITY et al., 14 Respondents. 15

16 Petitioner Vado C.G.1 (“Petitioner”), an immigration detainee who is representing himself 17 filed a petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2241

. Based on the substance 18 of Petitioner’s brief and the relief requested therein, the Court construes Petitioner’s pleading as a 19 motion for a temporary restraining order. See Estelle v. Gamble,

429 U.S. 97, 106

(1976) (stating 20 that pleadings by pro se litigants must be held to less stringent standards than formal pleadings 21 drafted by lawyers). 22 Respondents shall file a response to Petitioner’s request for injunctive relief by Noon on 23 December 19, 2025. Any opposition shall provide the Court with copies of all 24 1 As requested by Petitioner (ECF No. 1 at 2 n.1) and recommended by the Committee on 25 Court Administration and Case Management of the Judicial Conference of the United States, the Court omits Petitioner’s full name, using only his first name and last initial, to protect sensitive 26 personal information. See Memorandum re: Privacy Concern Regarding Social Security and Immigration Opinions, Committee on Court Administration and Case Management, Judicial 27 Conference of the United States (May 1, 2018), https://www.uscourts.gov/sites/default/files/18- cv-l-suggestion_cacm_0.pdf. The Clerk of Court is directed to update the docket to reflect this 28 change accordingly. 1 referenced/relevant portions of Petitioner’s A-File and any and all available records related to 2 Petitioner’s allegations. Petitioner may file a reply, if any, by December 23, 2025. 3 Pending the Court’s ruling on this petition, Respondents shall not take any action to 4 transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co.,

384 U.S. 597, 608

(1966) 5 (acknowledging the Court’s “express authority under the All Writs Act to issue such temporary 6 injunctions as may be necessary to protect its own jurisdiction”). 7 Petitioner’s motion to proceed in forma pauperis is granted. (ECF No. 2.) 8 Petitioner also filed a motion for the appointment of counsel. (ECF No. 3.) In light of the 9 complexity of the legal issues involved, the Court has determined that the interests of justice 10 require the appointment of counsel for Petitioner. See 18 U.S.C. § 3006A(a)(2)(B); see also 11 Weygandt v. Look,

718 F.2d 952, 954

(9th Cir. 1983). Within seven days from the date of this 12 order, the appointing authority for the Eastern District of California shall identify counsel and 13 send counsel’s contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy 14 Nunley, via email at [email protected], who shall update the docket to reflect 15 counsel’s appointment. If counsel is not a member of the Eastern District of California Criminal 16 Justice Act (“CJA”) Panel, the Court hereby authorizes them to serve as CJA counsel for 17 petitioner for the duration of the proceedings in this court pursuant to Local Rule 180(b)(1). 18 In accordance with the above, IT IS HEREBY ORDERED that: 19 1. Respondents shall file a response to Petitioner’s request for immediate injunctive 20 relief by noon on December 19, 2025; Petitioner may file a reply, if any, by December 23, 2025; 21 2. In order to ensure this Court’s jurisdiction to resolve the pending § 2241 petition, 22 Respondent shall not transfer Petitioner to another detention center outside of this judicial district, 23 pending further order of the Court; 24 3. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is GRANTED; 25 4. Petitioner’s motion to appoint counsel (ECF No. 3) is GRANTED; Within seven 26 days from the date of this order, the appointing authority for the Eastern District of California 27 shall identify counsel and send counsel’s contact information to Michele Krueger, Courtroom 28 Deputy for Chief Judge Troy Nunley, who shall update the docket to reflect counsel’s 1 | appointment; 2 5. The Clerk of the Court shall serve a copy of this order on the Federal Defender, 3 | Attention: Habeas Appointment, along with a copy of the § 2241 petition; 4 6. 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. § 2241

on the United 6 | States Attorney; and 7 7. The Clerk of Court is directed to update the docket to only list Petitioner’s first 8 | name and last initials. 9 IT IS SO ORDERED. 10 | Date: December 16, 2025 11 12 Lal bly 14 TROY L. NUWLEY 15 CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown