Noem

Rogelio TORRES VELASQUEZ v. Kristi NOEM, et al.

Good Law
United States District Court, Southern District of CaliforniaNovember 13, 20253:25-cv-03046California595 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Rogelio TORRES VELASQUEZ, Case No.: 25-cv-3046-AGS-DEB Petitioner, AMENDED ORDER REQUIRING

RESPONSE

v. Kristi NOEM, et al., Respondents. 8 Petitioner Rogelio Torres Velasquez seeks a writ of habeas corpus under 28 U.S.C. § 2241 challenging his immigration detention. At this stage, he need only make out a claim that is sufficiently cognizable to warrant a response. See Rules Governing Section 2254 Cases in the United States District Courts, Rule 4 (authorizing summary dismissal “if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief”); id., Rule 1(b) (permitting use of those Rules to any “habeas corpus petition”). In this context, the relevant federal rules permit “summary dismissal of claims that are clearly not cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) (cleaned up). But “as long as a petition has any potential merit, it is not so frivolous or incredible as to…

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