Carlos Roldan Chang v. Kristi Noem, et al.

Summary

The United States District Court for the District of Nebraska issues an order to show cause in Carlos Roldan Chang’s habeas corpus and preliminary-injunctive-relief proceeding concerning his immigration detention. The Court requires Respondents to certify the cause of detention and show cause within three business days, permits a prompt reply and hearing, and prohibits removal of Chang from the United States or the District of Nebraska pending further order.

Holdings

1. Because the court could not conclude from the face of Chang's petition that he was not entitled to habeas relief, the court was required to issue an order to show cause and require respondents to respond regarding the legality and cause of his detention.
2. The court could temporarily prohibit respondents from removing Chang from the United States or the District of Nebraska in order to preserve the status quo and the court's jurisdiction until further order.

Questions Presented

1. Whether the face of Chang's habeas petition established that he was not entitled to relief such that the court could decline to issue an order to show cause under 28 U.S.C. § 2243.
2. Whether the court should require respondents to certify the true cause of Chang's detention and show cause why the writ should not be granted.
3. Whether the court should temporarily prohibit Chang's removal from the United States or the District of Nebraska to preserve the status quo and the court's jurisdiction while adjudicating the habeas petition.

Disposition

other