Francisco Peralta-Mejia v. State of Florida

Summary

The Florida Third District Court of Appeal denied Francisco Peralta-Mejia’s petition for a writ of prohibition challenging a circuit court’s authority to issue a writ of habeas corpus ad prosequendum. The court held that the circuit court had constitutional, statutory, and procedural authority to issue the writ, and that prohibition could not be used to challenge an alleged erroneous exercise of jurisdiction. The court also concluded that the petitioner’s status as an immigration detainee did not preclude use of the writ.

Holdings

1. Prohibition was unavailable because the circuit court was constitutionally, statutorily, and procedurally authorized to issue writs of habeas corpus, and the petition did not show that the court was acting outside its jurisdiction.
2. A writ of habeas corpus ad prosequendum is encompassed within the Great Writ, and the petitioner's status as an immigration detainee rather than a federal prisoner did not preclude the circuit court from using the writ to secure his temporary transfer.
3. The availability of appellate review of a final circuit-court order granting or denying habeas corpus provided an additional reason that prohibition was not appropriate.

Questions Presented

1. Whether prohibition was available to prevent the circuit court from issuing a writ of habeas corpus ad prosequendum for the petitioner's temporary return from ICE custody to state custody.
2. Whether a Florida circuit court has authority to issue a writ of habeas corpus ad prosequendum to obtain the temporary transfer of an immigration detainee.
3. Whether the availability of another method of securing the petitioner's transfer, or the petitioner's asserted risk of remaining in immigration custody, established an adequate basis for prohibition.

Disposition

writ_denied