Jose Alfredo Hernandez-Cruz v. Warden, Otero County Processing Center, Mary De Anda-Ybarra, Field Office Director of Enforcement and Removal Operations, El Paso Field Office, Immigration and Customs Enforcement; Todd Lyons, Acting Director Immigration and Customs Enforcement; Kristi Noem, Secretary, U.S. Department Of Homeland Security; and Pamela Bondi, U.S. Attorney General

Summary

The United States District Court for the District of New Mexico orders the United States Attorney’s Office to answer Jose Alfredo Hernandez-Cruz’s 28 U.S.C. § 2241 habeas petition and motion for a temporary restraining order. The petition challenges prolonged immigration detention and the Immigration Court’s determination that it lacks jurisdiction to conduct a bond hearing; the Court declines to summarily dismiss the petition and permits an optional reply.

Holdings

1. The petition was not subject to summary dismissal at the initial review stage.
2. The United States Attorney's Office was ordered to answer the petition and the temporary restraining order motion within ten business days, and petitioner was permitted to file an optional reply within seven days after the answer.

Questions Presented

1. Whether the § 2241 petition and motion for a temporary restraining order were subject to summary dismissal at the initial review stage.
2. Whether respondents should be ordered to answer the petition and motion for a temporary restraining order.

Disposition

other