Reinel Mederos-Ortega v. Pam Bondi, et al.

Summary

The United States District Court for the District of New Mexico orders the United States Attorney’s Office to answer a pro se immigration detainee’s petition for habeas corpus under 28 U.S.C. § 2241. The court denies the petitioner’s motion for release without prejudice, sets deadlines for the response and any reply, and requires payment of the filing fee or submission of an in forma pauperis motion.

Holdings

1. Accepting the petition's allegations as true, the court required Respondents to answer the § 2241 petition and set an expedited briefing schedule.
2. Petitioner was not entitled to immediate release on the current filings before the United States Attorney's Office had an opportunity to respond; the motion for release was denied without prejudice.
3. Zadvydas did not apply because Petitioner's removal order was not yet final and remained on appeal.

Questions Presented

1. Whether the petition stated allegations warranting an answer from the government.
2. Whether Petitioner was entitled to immediate release under the standards governing temporary restraining orders or preliminary relief.
3. Whether Zadvydas v. Davis applied to Petitioner's detention while his removal order was still on appeal.

Disposition

other