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JUNE 15, 2026
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CLERK US DISTRICT COURT
3 DISTRICT OF ARIZONA
BY s/ J.Soderberg DEPUTY
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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 In the matter of
10 IMMIGRATION HABEAS GENERAL ORDER 26-09
11 PETITIONS UNDER 28 U.S.C. § 2241
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15 This General Order establishes a case assignment and scheduling procedure to
16 address the influx of petitions for writs of habeas corpus filed by persons seeking
17 immigration-related relief pursuant to 28 U.S.C. § 2241 (“§ 2241 Immigration Petitions”).
18 Given the unprecedented volume of these filings, it is necessary to expand the pool of
19 available judges and standardize a schedule to expedite resolution of these cases. These
20 procedures will apply to all § 2241 Immigration Petitions, unless otherwise ordered by the
21 judge assigned to the case.
22 IT IS HEREBY ORDERED:
23 1. Case Assignment and Consent to a Magistrate Judge – Electronic Filings
24 When a petitioner files a § 2241 Immigration Petition via CM/ECF, the petitioner
25 will be given the option of consenting to Magistrate Judge jurisdiction pursuant to 28
26 U.S.C. § 636 during the case-initiating process. The United States has consented to
27 Magistrate Judge jurisdiction over § 2241 Immigration Petitions, subject to its reserved
28 right to withdraw consent in a particular case. (See Exhibit A).
1 If the petitioner consents to Magistrate Judge jurisdiction during the case-initiating
2 process, the Clerk of the Court will randomly assign the petition to either a Magistrate
3 Judge or a District Court Judge. If the petitioner does not consent during the case-initiating
4 process or the United States timely withdraws consent, the case will be assigned to a
5 District Judge. To withdraw consent in a particular case, the United States must file a notice
6 of withdrawal of consent within 3 days of service of the petition, or within 24 hours of
7 service if an application for a temporary restraining order accompanies the petition. If the
8 parties consent to Magistrate Judge jurisdiction, the assigned Magistrate Judge will preside
9 over the case for all purposes.
10 The Court encourages the parties’ consent to the jurisdiction of a Magistrate Judge.
11 Consent promotes judicial efficiency, allows the case to proceed before a single judicial
12 officer, and avoids the delay associated with the preparation and review of a Report and
13 Recommendation. Declining to consent will have no adverse substantive consequences.
14 Nothing in this Order prevents the parties from consenting to the jurisdiction of a
15 Magistrate Judge at a later stage of the case, subject to approval of the District Judge.
16 2. Case Assignment and Consent to a Magistrate Judge - Paper Filings
17 If a self-represented petitioner files a petition in paper and declines consent or fails
18 to indicate whether petitioner consents, the case will be assigned to a District Judge. All
19 self-represented petitioners filing in paper will be mailed a copy of the standard scheduling
20 order.
21 3. Service and Standard Schedule
22 Once a petition is docketed, the Clerk of Court will promptly serve the petition on
23 the United States Attorney’s Office via email at the email address specified in the
24 Memorandum of Understanding authorizing electronic service of process. The Clerk of
25 Court will also promptly issue a notice of the Court’s standard scheduling order. The notice
26 must provide the following schedule for the filing of responses and replies:
27 (a) Notice of Appearance: 3 calendar days after the Clerk of Court issues the
28 standard scheduling order.
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1 (b) Respondent’s Answer: 7 calendar days after the Clerk of Court issues the
2 standard scheduling order, absent a terminating order from the Court. Any
3 arguments that the petition should be dismissed must be made in the answer
4 and not by separate motion.
5 (c) Petitioner’s Reply: 3 calendar days after the filing of an answer for
6 represented petitioners; 14 days from service of the answer for self-
7 represented petitioners.
8 If any party seeks to accelerate or extend the briefing schedule, the parties must
9 promptly meet and confer, except in actions where the petitioner is an unrepresented
10 detainee. After doing so, the parties must file a stipulation or a joint statement that contains
11 the parties’ competing proposals for a briefing schedule.
12 A request to extend the briefing schedule will be favorably considered if a petition
13 contains additional claims. This includes, but is not limited to, claims for relief under the
14 Administrative Procedure Act (APA) and claims for mandamus relief.
15 The matter will be submitted for final disposition upon the filing of the reply. No
16 hearing will be held unless ordered by the Court. The assigned Judge may modify any
17 portion of the standard scheduling order as the circumstances of the case may require.
18 4. Temporary Restraining Orders and Preliminary Injunctions
19 The standard scheduling order is intended to provide a prompt resolution of habeas
20 petitions and reduce the contemporaneous filing of motions for a temporary restraining
21 order or other injunctive relief. Motions for temporary restraining orders should be reserved
22 for cases where the petitioner alleges imminent, irreparable harm that cannot be addressed
23 by the standard scheduling order or by expediting the standard schedule, such as imminent
24 removal from the United States. If the petitioner believes an application for a temporary
25 restraining order is appropriate, the application must be filed separately from the petition
26 and must comply with Rule 65, Fed. R. Civ. P. The filing of an application for a temporary
27 restraining order does not alter or suspend the parties’ obligations under the standard
28 schedule for briefing the petition for final disposition. The District Judge or the Magistrate
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1 Judge, where the parties have consented to Magistrate Judge jurisdiction, will manage the
2 case through completion, including any adjudication of any application for preliminary
3 equitable relief.
4 5. Notice of Removal of Petitioner from the United States
5 During the pendency of these proceedings, the government must provide at least
6 two business days’ notice to the petitioner, petitioner’s counsel—if petitioner has counsel,
7 and the Court of its intent to remove the petitioner from the United States and must not
8 remove the petitioner during that time period.
9 6. Automatic Substitution of Warden if Proper Respondent is not Named
10 If a petition fails to name a proper Respondent, the Warden for the facility at which
11 petitioner is housed will automatically be substituted as a respondent by the Court under
12 Rules 19(a) and 21, Fed. R. Civ. P.
13 7. Respondents’ Non-Opposition to Release
14 If respondent(s) do not oppose a petitioner’s release, respondent(s) must release the
15 petitioner within 2 calendar days of filing the notice of non-opposition and file a notice of
16 compliance with the Court within 3 days of release.
17 Dated this 12th day of June, 2026.
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