Marcos B.D.S. v. Warden of the Mesa Verde Detention Facility, et al.

Summary

The United States District Court for the Eastern District of California construed a pro se immigration detainee’s 28 U.S.C. § 2241 petition as including a request for a temporary restraining order. The court ordered respondents to respond, barred transfer of the petitioner outside the district pending further order, granted in forma pauperis status, and appointed counsel.

Holdings

1. The court construed petitioner's § 2241 pleading as a motion for a temporary restraining order based on the substance of the brief and the relief requested.
2. Pending further order, respondents were prohibited from transferring petitioner to another detention center outside the Eastern District of California.
3. The interests of justice required appointment of counsel for petitioner because of the complexity of the legal issues involved.

Questions Presented

1. Whether the substance of the pro se § 2241 pleading and requested relief warranted construction as a motion for a temporary restraining order.
2. Whether the court could temporarily prohibit respondents from transferring petitioner outside the district to preserve the court's jurisdiction over the pending habeas petition.
3. Whether petitioner should be granted leave to proceed in forma pauperis.
4. Whether the interests of justice required appointment of counsel for petitioner.

Disposition

other