Seyam

Mahmod Seyam v. Kristi Noem, Secretary of Department of Homeland Security, et al.

Good Law
United States District Court, Southern District of CaliforniaJanuary 2, 20263:25-cv-03850California525 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MAHMOD SEYAM, Case No.: 25cv3850-LL-SBC

Petitioner,

ORDER SCREENING PETITION,

v. SETTING BRIEFING SCHEDULE,

AND ISSUING LIMITED

KRISTI NOEM, Secretary of Department

INJUNCTION

of Homeland Security, et al., 15 Respondents. [ECF No. 1]

17 Pending before the Court are Petitioner Mahmod Seyam’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and Motion for Temporary Restraining Order. ECF Nos. 1, 2. Courts must screen habeas petitions and dismiss them “if it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” See Rules Governing Section 2254 Cases in the United States District Courts, Rule 4; id., Rule 1(b) (permitting use of Rules Governing Section 2254 Cases to any “habeas corpus petition”). To survive screening, a petitioner need only make out a claim that is sufficiently “cognizable” to warrant a return or answer from the government. See Neiss v.…

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