Larose
Rodolfo RODRIGUEZ RODRIGUEZ (“N.A.”) v. Christopher J. LAROSE, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Rodolfo RODRIGUEZ RODRIGUEZ Case No.: 25-cv-3306-AGS-AHG (“N.A.”),1 ORDER REQUIRING RESPONSE Petitioner, v.
6 Christopher J. LAROSE, et al., 7 Respondents.
9 Petitioner seeks a writ of habeas corpus under 28 U.S.C. § 2241 challenging his 10 immigration detention. At this stage, he need only make out a claim that is sufficiently 11 cognizable to warrant a response. See Rules Governing Section 2254 Cases in the United 12 States District Courts, Rule 4 (authorizing summary dismissal “if it plainly appears from 13 the petition and any attached exhibits that the petitioner is not entitled to relief”); id., 14 Rule 1(b) (permitting use of those Rules to any “habeas corpus petition”). In this context, 15 the relevant federal rules permit “summary dismissal of claims that are clearly not 16 cognizable.” Neiss v. Bludworth, 114 F.4th 1038, 1045 (9th Cir. 2024) (cleaned up). But 17 “as long as a petition has any potential merit, it is not so frivolous or incredible as to justify 18 summary dismissal[.]” Id. 19…