Farah v. Casey et al

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25-cv-3858-AGS-VET
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Ahmed Ali FARAH,
Petitioner,
v.
Jeremy CASEY, et al.,
Respondents.
Case No.: 25-cv-3858-AGS-VET
ORDER REQUIRING RESPONSE
Petitioner Ahmed Ali Farah seeks a writ of habeas corpus under 28 U.S.C. § 2241
to free him from immigration detention. (See ECF 1.)
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
application of 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 petition has any potential merit, it is not so frivolous or incredible as to
justify summary dismissal[.]” Id.
Petitioner, “a native and citizen of Somalia,” “last arrived” in the United States “on
or about June 23, 2022, where he was encountered by DHS, briefly detained, and then
affirmatively released on parole rather than detained as an arriving noncitizen pending
proceedings.” (ECF 1, at 2.) After living and working in the United States for years without
issue, on “December 7, 2025, without advance notice and without any allegation that
Petitioner violated parole or supervision conditions, DHS arrested Petitioner.” (Id. at 3.)
Farah 	claims 	that 	“DHS 	now 	detains 	him 	under 	INA 	§ 	235(b)(2)(A), 	8 	U.S.C.
§ 1225(b)(2)(A), treating him as though he were currently ‘seeking admission.’” (Id.) Farah
asserts that “[i]f any detention authority applies in Petitioner’s posture, it is INA § 236(a),
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25-cv-3858-AGS-VET
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8 U.S.C. § 1226(a), which requires an individualized custody determination and permits
release on bond or conditions.” (Id.). He argues that his misclassified detention violates
due process and the declaratory judgment in Maldonado Bautista v. Santacruz, No. 5:25-
CV-01873-SSS-BFM, 2025 WL 3678485, at *1 (C.D. Cal. Dec. 18, 2025).
This 	challenge 	has 	sufficient 	potential 	merit 	to 	warrant 	a 	response. 	Beside
Maldonado Bautista itself, functionally identical cases across the country have been found
to have a “likelihood of success on the merits” or have resulted in the writ being issued.
See, e.g., Barco Mercado v. Francis, ___ F. Supp. 3d. ___, No. 25-cv-6582 (LAK), 2025
WL 3295903, at *4 (S.D.N.Y. Nov. 26, 2025) (noting that, in “350” of the “362” opinions
to address this issue, the petitioners “have prevailed, either on a preliminary or final basis,”
and these cases were “decided by over 160 different judges sitting in about fifty different
courts”); Mosqueda v. Noem, No. 5:25-cv-02304 CAS (BFM), 2025 WL 2591530, at *5
(C.D. Cal. Sept. 8, 2025) (“[P]etitioners are likely to succeed on the merits of their claims
because section 1226(a), not section 1225(b)(2), likely governs their detention.”); Vazquez
v. Feeley, No. 2:25-cv-01542-RFB-EJY, 2025 WL 2676082, at *11 (D. Nev. Sept. 17,
2025) (same); Rodriguez v. Bostock, No. 3:25-cv-05240-TMC, 2025 WL 2782499, at *1
(W.D. Wash. Sept. 30, 2025) (“[T]he government’s position belies the statutory text of the
INA, canons of statutory interpretation, legislative history, and longstanding agency
practice.”).
By January 16, 2026, respondents must answer the petition. Any reply by petitioner
must be filed by January 23, 2026. The Court will hold oral arguments on the petition on
January 30, 2026, at 10:00 a.m.
Dated: January 2, 2026
___________________________
Hon. Andrew G. Schopler
United States District Judge
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