Flor Alvarez v. Moises Becerra, et al.

Summary

The court orders respondents to show cause within seven days why a habeas petition under 28 U.S.C. § 2241 should not be granted. The order also sets a three-day period for any reply, directs service on the United States Attorney, and prohibits transferring the petitioner outside the judicial district pending further order.

Holdings

1. Because the petition alleged facts that, if proven, could entitle petitioner to relief and raised serious allegations concerning the basis for her immigration detention, respondents must file an answer or return showing cause why the writ should not be granted.
2. To preserve its jurisdiction over the pending § 2241 petition, the court prohibited respondents from transferring petitioner to another detention center outside the judicial district pending further order.

Questions Presented

1. Whether the § 2241 petition warranted an order requiring respondents to show cause why habeas relief should not be granted.
2. Whether the court should prohibit respondents from transferring petitioner outside the judicial district to preserve the court's jurisdiction over the pending habeas petition.

Disposition

other