Southern District of California • 3:25-cv-02568

#1

Sep 29, 2025

Petition for Writ of Habeas Corpus Against Christopher LaRose, Sidney Aki, Todd Lyons, Kristi Noem, Pamela Bondi, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Filing fee $5.00 receipt number ACASDC-20334328.), filed by Habibullah Mirzaie. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit one, # 3 Exhibit two)The new case number is 3:25-cv-2568-JO-KSC. Judge Jinsook Ohta and Magistrate Judge Karen S. Crawford are assigned to the case. (McGoldrick, Brian)(ggv)(jrd) (Entered: 09/30/2025)

#2

Sep 30, 2025

Minute Order by Judge Jinsook Ohta: On September 29, 2025, Petitioner filed a petition for writ of habeas corpus requesting declaratory and injunctive relief. Dkt. 1. The Court ORDERS Petitioner to serve Respondents with the habeas petition [Dkt. 1] by 5:00PM on Thursday, October 2, 2025, and file proof of service. Petitioner must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Rule 4(i)(1)(A) no later than 5:00PM on Thursday, October 2, 2025, and file proof of service. The Court ORDERS Respondents to answer or otherwise respond to the petition no later than 5:00PM on Wednesday, October 8, 2025. The Court sets a hearing for Friday, October 10, 2025 at 9:30AM. Petitioner shall not be transferred to another district unless Respondents provide advance notice of the intended move. Such notice shall be filed in writing on the docket in this proceeding and shall state the reason why Respondents believe that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner shall not be moved out of the District for a period of at least 48 hours from the time of that docketing. To seek immediate relief from detention or other emergency relief, Petitioner must file a motion for temporary restraining order establishing (1) likelihood of success on the merits, (2) irreparable harm, (3) balance of equities that tip in Petitioner's favor, and (4) that an injunction is in the public interest. Signed by Judge Jinsook Ohta on 09/30/2025. (rh) (Entered: 09/30/2025)

#3

Sep 30, 2025

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dim) (Entered: 09/30/2025)

Sep 30, 2025

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings

#4

Oct 03, 2025

Summons Returned Executed

#5

Oct 07, 2025

Declaration

#6

Oct 08, 2025

Notice of Appearance

#7

Oct 08, 2025

Return to Petition

#8

Oct 08, 2025

Notice of Appearance

#9

Oct 08, 2025

Notice of Appearance

#10

Oct 10, 2025

Minute Entry for proceedings held before Judge Jinsook Ohta: Hearing on Petition for Writ of Habeas Corpus held on 10/10/2025. The Court partially grants the petition for writ of habeas corpus. The Court orders the Petitioner be release from DHS/ICE custody no later than 10/11/2025 by 12:00 p.m. under the same release conditions previously set, and orders that DHS/ICE may not re-detain the Petitioner absent an order from this Court. By 10/13/2025, Petitioner's counsel is notify the Court whether a substitution of counsel will be submitted. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Emily Howe). (Respondent Attorney Erin Dimbleby, AUSA; Juliet Keene, AUSA). (no document attached) (smy) (Entered: 10/10/2025)

#11

Oct 10, 2025

Order

Oct 10, 2025

Status Hearing AND ~Util - Terminate Hearings

#12

Oct 13, 2025

Notice (Other)

#13

Oct 14, 2025

Notice of Appearance

#14

Oct 14, 2025

Substitute Attorney

#15

Oct 14, 2025

Withdrawal of Document

#16

Oct 17, 2025

Minute Order by Judge Jinsook Ohta: Petitioner's pro bono counsel seeks to withdraw and substitute Kara L. Hartzler of Federal Defenders of San Diego, Inc. as counsel in this case. Dkts. 12, 14. Here, the Court has granted in part Petitioner's habeas petition and finds that continued representation is necessary given the complexity and potential validity of the remaining constitutional, statutory, and procedural issues presented. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Accordingly, the Court CONDITIONALLY APPOINTS Kara L. Hartzler of Federal Defenders of San Diego, Inc. as counsel effectively immediately [Dkt. 14] and ORDERS Petitioner to submit a form CJA 23 financial affidavit by October 24, 2025 to demonstrate his financial eligibility. See Terrovona v. Kincheloe, 912 F.2d 1176, 1181–82 (9th Cir. 1990); 18 U.S.C. § 3006A(b). Signed by Judge Jinsook Ohta on 10/17/2025. (rh) (Entered: 10/17/2025)

#17

Oct 17, 2025

Minute Order by Judge Jinsook Ohta: The Court orders supplemental briefing on the remainder of Petitioner's requested relief, including reinstatement of his humanitarian parole status and his affirmative asylum application. The Court SETS the briefing schedule as follows: Petitioner's brief is due November 13, 2025. Respondent's response is due December 4, 2025. Petitioner's reply is due December 18, 2025. The hearing with oral argument is set for January 15, 2026 at 9:30AM. Signed by Judge Jinsook Ohta on 10/17/2025. (rh) (Entered: 10/17/2025)

#18

Oct 17, 2025

Transcript

Oct 17, 2025

Order on Motion to Substitute Attorney

Oct 17, 2025

Minute Order (No Time) AND ~Util - Set Motion and R&R Deadlines/Hearings

#19

Oct 24, 2025

Notice (Other)

#20

Nov 13, 2025

Supplemental Briefing

#21

Dec 04, 2025

Extension of Time to File

#22

Dec 15, 2025

Supplemental Briefing

#23

Dec 18, 2025

Supplemental Briefing

#24

Jan 08, 2026

Leave to File Document

#25

Jan 08, 2026

Amended Petition for Writ of Habeas Corpus

#26

Jan 13, 2026

Minute Order by Judge Jinsook Ohta: On January 8, 2026, Petitioner moved for leave to amend his habeas petition. [Dkt. 24] Because Respondents do not oppose Petitioner's request, and there is no indication of bad faith, undue delay, or prejudice, the Court GRANTS leave to amend and accepts the amended petition, Dkt. 25, as properly filed. Pursuant to the Court's October 17, 2025 order, Dkt. 16, Petitioner filed a CJA 23 financial affidavit to establish his financial eligibility for appointment of counsel. Dkt. 19. The Court finds that Petitioner has established his financial eligibility, see United States v. Ellsworth, 547 F.2d 1096, 109798 (9th Cir.1976), and APPOINTS Federal Defenders of San Diego, Inc. to represent him. [Dkt. 14]. On December 4, 2025, parties jointly moved for extension of time for Respondents to file supplemental briefing. [Dkt. 21] The Court GRANTS the motion and accepts Respondents' supplemental brief as properly filed. Dkt. 22. Signed by Judge Jinsook Ohta on 01/13/2026. (rh) (Entered: 01/13/2026)

Jan 13, 2026

Order on Motion for Extension of Time to File AND Order on Motion for Leave to File Document

#27

Jan 15, 2026

Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 1/15/2026. The Court will issue a written order. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Kara Lee Hartzler, FD). (Respondent Attorney Juliet Keene, AUSA). (no document attached) (smy) (Entered: 01/15/2026)

#28

Jan 15, 2026

Order

Jan 15, 2026

Status Hearing

Feb 24, 2026

Minute Order (No Time)