Gurtaj Singh v. Warden of the Golden State Annex Detention Facility, et al.

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA GURTAJ SINGH, 11 Petitioner, No. 1:26-cv-00117-TLN-CKD 12 v. WARDEN OF THE GOLDEN STATE ORDER ANNEX DETENTION FACILITY, et al., Respondents.

17 Petitioner Gurtaj Singh (“Petitioner”), an immigration detainee who is representing himself, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the substance of Petitioner’s brief and the relief requested therein, the Court construes Petitioner’s pleading as containing a motion for a temporary restraining order (“TRO”). Estelle v. Gamble, 429 U.S. 97, 106 (1976) (stating that pleadings by pro se litigants must be held to less stringent standards than formal pleadings drafted by lawyers).

23 Respondents shall file a response to Petitioner’s request for relief on January 13, 2026 by 12:00 p.m. Any opposition shall provide the Court with copies of all referenced/relevant portions of Petitioner’s A-File and any and all available records related to Petitioner’s allegations (ECF No. 1). Additionally, Respondents’ brief shall indicate whether they are amenable to converting the motion for TRO into a motion for preliminary injunction and whether they request a hearing on the motion.

1 Pending the Court’s ruling on this petition, Respondents shall not take any action to transfer Petitioner out of this District. See F.T.C. v. Dean Foods Co., 384 U.S. 597, 608 (1966) (acknowledging the Court’s “express authority under the All Writs Act to issue such temporary injunctions as may be necessary to protect its own jurisdiction”).

5 Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted. See 28 U.S.C. § 6 1914.

7 In light of the complexity of the legal issues involved, the Court has determined that the interests of justice require the appointment of counsel for Petitioner. See 18 U.S.C. § 9 3006A(a)(2)(B); see also Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Within seven days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel’s contact information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley, via email at [email protected], who shall update the docket to reflect counsel’s appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act (“CJA”) Panel, the Court hereby authorizes them to serve as CJA counsel for petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1).

17 In accordance with the above, IT IS HEREBY ORDERED that: 18 1. Respondents shall file a response to Petitioner’s request for immediate injunctive 19 relief, including relevant portions of his A-file as stated above, by January 13, 2026 20 by 12:00 p.m.; 21 2. In order to ensure this Court’s jurisdiction to resolve the pending § 2241 petition, 22 Respondents shall not transfer Petitioner outside of this judicial district, pending 23 further order of the Court; 24 3. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is granted; 25 4. Within seven days from the date of this Order, the appointing authority for the 26 Eastern District of California shall identify counsel and send counsel’s contact 27 information to Michele Krueger, Courtroom Deputy for Chief Judge Troy Nunley; 28 5. The Clerk of the Court shall serve a copy of this Order on the Federal Defender, 1 Attention: Habeas Appointment, along with a copy of the § 2241 petition; and 2 6. The Clerk of the Court shall serve a copy of this Order together with a copy of 3 Petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on 4 the United States Attorney.

5 IT IS SO ORDERED.

6 | Date: January 9, 2026 2 Luff 8 TROY L. NUWLEY 9 CHIEF UNITED STATES DISTRICT JUDGE