emphasizing that 25 //// 26 //// 27 //// 28 //// 1 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 2 || injunction pending review of an agency’s action’’
How later courts described this case
- emphasizing that 25 //// 26 //// 27 //// 28 //// 1 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by 2 || injunction pending review of an agency’s action’’
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 ASHOT OHANYAN, No. 1:25-cv-1661-TLN-SCR
12 Petitioner,
13 v. ORDER
14 WARDEN OF CALIFORNIA CITY
DETENTION,
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Respondent.
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Petitioner, an immigration detainee who is representing himself, filed a petition for a writ
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of habeas corpus pursuant to 28 U.S.C. § 2241. Based on the length of time in which petitioner
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has been in immigration detention, the court provisionally authorizes petitioner to proceed in
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forma pauperis without prepayment of the filing fee in this action. See 28 U.S.C. § 1914.
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The court has conducted a preliminary review of the petition pursuant to Rule 4 of the
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Rules Governing Habeas Corpus Cases Under Section 2254.1 In light of the complexity of the
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legal issues involved, the court has determined that the interests of justice require the appointment
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of counsel for petitioner. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Professor
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Jacqueline Brown, Director of Immigration and Deportation Defense Clinic at the University of
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27 1 Rule 1(b) of the Rules Governing Habeas Corpus Cases Under Section 2254 allows a district
court to apply any or all of the rules to other types of habeas corpus petitions including § 2241
28 petitions.
1 San Francisco School of Law, has agreed to accept appointment in this matter.
2 Because petitioner may be entitled to the requested relief if the claimed violation of
3 constitutional rights is proved, respondent will be served with the § 2241 petition and directed to
4 show cause why the writ should not be granted by filing an answer/return. See 28 U.S.C. § 2243.
5 In accordance with the above, IT IS HEREBY ORDERED that:
6 1. Petitioner is provisionally authorized to proceed in forma pauperis without prepayment
7 of the filing fee in this action.
8 2. Jacqueline Brown is appointed to represent petitioner.
9 3. The Clerk of the Court shall serve a copy of this order as well as a copy of petitioner’s
10 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on Jacqueline Brown,
11 jmbrown@usfca.edu.
12 4. Additionally, the Clerk of the Court shall serve a copy of this order together with a
13 copy of petitioner’s petition for a writ of habeas corpus on the United States Attorney.
14 5. The parties are directed to meet and confer within 3 days from the date of this order for
15 the purpose of submitting a joint proposed briefing schedule in this case.
16 6. At the time petitioner files a brief or amended petition, petitioner shall also file an
17 application to proceed in forma pauperis.
18 7. The parties shall file a joint proposed briefing schedule and submit it to the court by
19 emailing it to SCRorders@caed.uscourts.gov no later than 7 days from the date of this order.
20 8. In order to ensure this court’s jurisdiction to resolve the pending § 2241 petition,
21 respondent shall not transfer petitioner to another detention center outside of this judicial district,
22 pending further order of the court. See 28 U.S.C. § 1651(a) (establishing the All Writs Act which
23 empowers the federal courts to “issue all writs necessary or appropriate in aid of their respective
24 jurisdictions….”); see also F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (emphasizing that
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1 | federal courts have the power to “to preserve the court’s jurisdiction or maintain the status quo by
2 || injunction pending review of an agency’s action’’).
3 | DATED: December 2, 2025
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; .
6 SEAN C. RIORDAN
UNITED STATES MAGISTRATE JUDGE
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