Dervin Manuel Gonzalez Suarez v. U.S. Immigration and Customs Enforcement (ICE)

Summary

The U.S. District Court for the Eastern District of Virginia denied without prejudice an emergency humanitarian bond motion challenging an immigration detainee’s detention and dismissed the action. The court held that the petitioner’s long-term partner did not establish next-friend standing and could not file or litigate the matter on the petitioner’s behalf. The court directed the Clerk to mail the petitioner a standardized form for filing a new, personally signed petition under 28 U.S.C. § 2241.

Holdings

1. A purported next friend must clearly establish the propriety of next-friend status by explaining why the detained person cannot appear on his own behalf and by showing dedication to the person's best interests and a significant relationship with that person. Detention alone does not establish the required inability to appear.
2. A habeas submission must be signed under penalty of perjury by the petitioner or by a person authorized to sign for the petitioner, and a purported next friend may not file on the petitioner's behalf without establishing the requisite authorization or standing.
3. The motion must be denied without prejudice and the action dismissed when the only filing is submitted by a purported next friend who has not established next-friend standing and the petitioner has not personally signed the submission.

Questions Presented

1. Whether the court could recognize filings submitted by Petitioner's purported next friend when the filing did not explain why Petitioner could not appear personally.
2. Whether the motion complied with the signature and authorization requirements applicable to a habeas petition under 28 U.S.C. § 2241.
3. Whether the action should be dismissed without prejudice because the purported next friend failed to establish next-friend standing.

Disposition

dismissed