Cesar Ulises Perez Salmeron v. Pam Bondi, et al.

Summary

The document is a Findings and Recommendation and accompanying order from the United States District Court for the Eastern District of California in a federal immigration detainee’s 28 U.S.C. § 2241 habeas action. The magistrate judge recommends dismissal of the petitioner’s asylum and Convention Against Torture claims because challenges to removal must proceed through the petition-for-review process, and recommends denial of the requested temporary restraining order. The court also directs random assignment to a district judge and updates the petitioner’s address.

Holdings

1. Claims seeking asylum and withholding of removal under the Convention Against Torture are bound up in and an inextricable part of the removal process and therefore must be channeled through the petition-for-review process rather than litigated through a district-court habeas petition.
2. Petitioner was not entitled to a temporary restraining order because he failed to establish a likelihood of success on the merits.

Questions Presented

1. Whether the district court could review petitioner's asylum and Convention Against Torture claims in a § 2241 habeas petition or whether those claims had to be brought through a petition for review in the court of appeals.
2. Whether petitioner was entitled to a temporary restraining order requiring release from detention and staying removal.

Disposition

other