Sagar Duhan v. Kristi Noem, et al.

Summary

The United States District Court for the District of New Mexico granted in part the federal respondents’ motion for an extension of time to respond to Sagar Duhan’s emergency motion for a preliminary injunction and habeas petition. The court extended the response deadline to three days after proper service, continued the preliminary-injunction hearing, and enjoined the respondents from transferring Duhan from the District of New Mexico while the action remained pending.

Holdings

1. A federal court may not exercise personal jurisdiction over a defendant or respondent absent proper service of a summons or a valid waiver of service; notice alone and a constitutionally sufficient relationship with the forum are insufficient.
2. Federal respondents were entitled to a limited extension, but not the requested extensions of one week and two weeks; their deadline to respond was extended to three days after proper service of the Emergency Motion and Petition.
3. Respondents were enjoined from transferring Sagar Duhan from the District of New Mexico while the proceedings remained pending.

Questions Presented

1. Whether federal respondents were entitled to the requested extensions of time to respond to the Emergency Motion for Preliminary Injunction and Petition for Writ of Habeas Corpus.
2. Whether service was sufficient to permit the court to exercise personal jurisdiction over the federal respondents.
3. Whether petitioner should be protected from transfer out of the District of New Mexico while the action remained pending.

Disposition

other