Lorena Alarcon Alarcon v. Kristi Noem, et al.

Summary

The United States District Court for the District of Nebraska issued an order to show cause in Lorena Alarcon Alarcon's habeas action challenging her immigration detention and the denial of a bond hearing. The court ordered the respondents to respond within three business days, set a prompt hearing, and barred the petitioner's removal from the United States or the District of Nebraska pending further order.

Holdings

1. Because the court could not conclude from the face of the petition that petitioner was not entitled to relief, it ordered respondents to show cause why the writ of habeas corpus should not be granted.
2. To preserve the status quo and the court's jurisdiction, respondents were ordered not to remove petitioner from the United States or the District of Nebraska until further order of the court.

Questions Presented

1. Whether the court should issue an order to show cause under 28 U.S.C. § 2243 because the face of the habeas petition did not establish that petitioner was not entitled to relief.
2. Whether the court should temporarily prohibit respondents from removing petitioner from the United States or the District of Nebraska to preserve the status quo and the court's jurisdiction while the habeas petition was being adjudicated.

Disposition

other