Francisco Allue Garcia v. Warden, Otero County Processing Center, Mary De Anda-Ybarra, Todd Lyons, Current Secretary, U.S. Department of Homeland Security, and Pamela Bondi

Summary

The United States District Court for the District of New Mexico conducts an initial review of Francisco Allue Garcia’s 28 U.S.C. § 2241 habeas petition challenging prolonged immigration detention and a proposed third-country removal. The court orders the government to respond to the petition and motion to stay removal, denies without prejudice the motion for immediate release, and directs Garcia to pay the filing fee or seek in forma pauperis status.

Holdings

1. Immediate release was not warranted because Garcia's final removal order had been entered approximately one month earlier, placing him within the presumptively reasonable 90-day removal period under 8 U.S.C. § 1231(a)(1)(A) and Zadvydas v. Davis. The motion for immediate release was therefore denied without prejudice.
2. The petition was not subject to summary dismissal at initial review, so the respondents were ordered to answer it.

Questions Presented

1. Whether Garcia was entitled to immediate release under Zadvydas v. Davis based on the length of his immigration detention.
2. Whether Garcia's § 2241 petition alleging prolonged detention and proposed removal to a third country without due process could be summarily dismissed at initial review.

Disposition

other