In re Khalid Keydsane Mohamed

Summary

The United States District Court for the District of Nevada grants Khalid Keydsane Mohamed leave to proceed in forma pauperis in his habeas corpus action challenging his immigration detention. The court appoints the Federal Public Defender, orders service and a response, establishes briefing deadlines, and directs that Mohamed not be transferred out of the district except for lawful deportation.

Holdings

1. The petitioner may proceed in forma pauperis because the information in his application showed that he was unable to pay the filing fee.
2. Appointment of counsel was warranted because it was in the interests of justice.
3. The petition was sufficiently subject to service and response after preliminary review, so the court ordered service on the respondent and required a responsive pleading.
4. The respondent must not transfer the petitioner out of the district, except to effectuate the petitioner's lawful deportation.

Questions Presented

1. Whether Mohamed should be permitted to proceed in forma pauperis based on his inability to pay the filing fee.
2. Whether appointment of counsel was in the interests of justice.
3. Whether the habeas petition should be served and the respondent required to file a response after preliminary review.
4. Whether the court should restrict transfer of the petitioner out of the district, subject to effectuating lawful deportation.

Disposition

other