Yana Lanivska v. Warden, Otero County Processing Center, Mary De Anda-Ybarra, Todd Lyons, Kristi Noem, and Pamela Bondi

Summary

The United States District Court for the District of New Mexico partially granted and partially denied Yana Lanivska’s motion to expedite consideration of her 28 U.S.C. § 2241 petition challenging immigration detention under Zadvydas v. Davis. The court ordered the respondents to answer within 21 days, permitted an optional reply within 14 days, and added additional respondents to the case.

Holdings

1. The motion to expedite was granted in part and denied in part: the court expedited the case by ordering an answer and setting a briefing schedule, but declined to grant further emergency relief at that time.
2. The court ordered the Clerk's Office to add the additional respondents named in the caption.
3. The court recognized, without deciding the merits, that under Zadvydas v. Davis detention during attempted removal is presumptively reasonable for six months, after which a petitioner who provides good reason to believe removal is not significantly likely in the reasonably foreseeable future may require the Government to rebut that showing with sufficient evidence.

Questions Presented

1. Whether the court should expedite consideration of Lanivska's § 2241 petition and grant emergency relief concerning her immigration detention.
2. Whether additional government officials and entities should be added as respondents in the immigration habeas proceeding.
3. What response and briefing schedule should govern the habeas petition.

Disposition

other