Alejandre-Servin
Jorge Alberto Alejandre-Servin v. Warden of the Otay Mesa Detention Facility, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Jorge Alberto ALEJANDRE-SERVIN, Case No.: 25-cv-3827-AGS-JLB Petitioner, ORDER SCREENING PETITION
AND REQUIRING RESPONSE
v. WARDEN OF THE OTAY MESA DETENTION FACILITY, et al.,
Respondents. 9 Petitioner Jorge Alejandre-Servin seeks a writ of habeas corpus under 28 U.S.C. § 2241 to free him from 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 court to apply Rules Governing Section 2254 Cases 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…