Baljinder Singh v. Pamela Bondi, Attorney General of the United States; Kristi Noem, Secretary, Department of Homeland Security; Mary De Anda-Ybarra, El Paso Field Office Director, Immigration and Customs Enforcement; Todd Lyons, Acting Director of Immigration and Customs Enforcement; and Warden, Torrance County Detention Facility

Summary

The United States District Court for the District of New Mexico grants Baljinder Singh’s motion to proceed in forma pauperis in his 28 U.S.C. § 2241 habeas petition challenging immigration detention. The court orders the United States Attorney’s Office to answer within ten business days and adds federal immigration officials as respondents.

Holdings

1. The court granted Singh leave to proceed in forma pauperis because he appeared unable to prepay the $5 habeas filing fee.
2. The petition raised a colorable claim for relief, and the United States Attorney's Office was required to answer and show cause why the requested relief should not be granted.
3. The court added the Attorney General, Secretary of Homeland Security, relevant ICE officials, and the warden as additional respondents.

Questions Presented

1. Whether Singh should be permitted to proceed without prepaying the habeas filing fee under 28 U.S.C. § 1915.
2. Whether the allegations in Singh's § 2241 petition raised a colorable claim concerning his immigration detention sufficient to require the respondents to answer.
3. Whether the proper government officials and facility warden should be added as respondents in the immigration-detention habeas proceeding.

Disposition

other