Federico Reyes Vasquez v. Kristi Noem, et al.

Summary

The United States District Court for the District of Utah issued an order to show cause in Federico Reyes Vasquez’s 28 U.S.C. § 2241 habeas petition challenging his detention and prospective removal. The court ordered the respondents to show cause, prohibited the petitioner’s removal and transfer outside the District of Utah pending further order, and set expedited briefing and a hearing schedule.

Holdings

1. A federal district court has subject-matter jurisdiction under 28 U.S.C. § 2241(a) to consider a petition alleging unlawful arrest and detention and prospective removal when the petition does not seek direct review of an immigration-court removal order.
2. A federal district court may prohibit removal and restrict transfer of a habeas petitioner as necessary to preserve the court's jurisdiction and the status quo while the court determines its authority and considers the petition.

Questions Presented

1. Whether the district court had subject-matter jurisdiction under 28 U.S.C. § 2241 to consider a habeas petition challenging alleged unlawful immigration detention and prospective removal.
2. Whether the court could preserve the status quo by prohibiting Petitioner's removal and transfer while it determined its jurisdiction and considered the habeas petition.

Disposition

other