Miguel

Miguel v. LaRose

Good Law
United States District Court, Southern District of CaliforniaOctober 7, 20253:25-cv-02644California646 words

Opinion

trial_court Opinion

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 Rosaura PABLO MIGUEL, Case No.: 25-cv-2644-AGS-MSB 4 Petitioner, ORDER REQUIRING RESPONSE 5 v. 6 Christopher LAROSE, et al., 7 Respondent. 8 9 Petitioner Rosaura Pablo Miguel seeks a writ of habeas corpus under 28 U.S.C. 10 § 2241 challenging her immigration detention. At this stage, she need only make out a 11 claim that is sufficiently cognizable to warrant a response. See Rules Governing Section 12 2254 Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if 13 it plainly appears from the petition and any attached exhibits that the petitioner is not 14 entitled to relief”); id., Rule 1(b) (permitting use of those Rules to any “habeas corpus 15 petition”). In this context, the relevant federal rules permit “summary dismissal of claims 16 that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) 17 (cleaned up). But “as long as a petition has any potential merit, it is not so frivolous or 18 incredible as to justify summary…

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