Peejman Shadalo v. John Mattos, et al.

Summary

The United States District Court for the District of Nevada issued an order to show cause in Peejman Shadalo’s habeas corpus action under 28 U.S.C. § 2241. The court expedited briefing on Shadalo’s motion for a temporary restraining order, required respondents to submit detention-related documents, and prohibited transfer of Shadalo out of the district. The order also directed service of the petition and motion and set deadlines for the respondents’ return and Shadalo’s traverse.

Holdings

1. Respondents must show cause why the writ of habeas corpus should not be granted and must file a notice of appearance and a return certifying the true cause of detention.
2. When a habeas petition establishes a prima facie case for relief, the court may require respondents to produce documents reflecting and supporting the asserted basis for detention.
3. Respondents may not transfer petitioner out of the District of Nevada while the court resolves the petition and motion.

Questions Presented

1. Whether respondents should be required to show cause why a writ of habeas corpus should not issue under 28 U.S.C. §§ 2241 and 2243.
2. Whether petitioner established a prima facie case warranting discovery of documents supporting the asserted basis for his detention.
3. Whether the court could temporarily prohibit respondents from transferring petitioner out of the District of Nevada under the All Writs Act to preserve the court's jurisdiction and maintain the status quo.
4. Whether petitioner's motion for a temporary restraining order warranted expedited consideration.

Disposition

other