Jonnathan Romero Marentes v. Warden of the Golden State Annex Detention Facility et al.

Summary

The United States District Court for the Eastern District of California construed an immigration detainee’s pro se petition under 28 U.S.C. § 2241 as a motion for a temporary restraining order. The court ordered a response, prohibited transfer of the petitioner outside the district pending further order, provisionally authorized in forma pauperis status, and directed the appointment of 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 may not transfer petitioner to another detention center outside the Eastern District of California.
3. Petitioner was provisionally authorized to proceed without prepayment of the filing fee, subject to filing an application to proceed in forma pauperis by February 10, 2026.
4. The court directed the appointing authority for the Eastern District of California to identify counsel for petitioner within seven days and authorized service as CJA counsel under Local Rule 180(b)(1), if necessary.

Questions Presented

1. Whether the pro se § 2241 pleading should be construed as a motion for a temporary restraining order based on its substance and requested relief.
2. Whether interim relief was necessary to preserve the district court's jurisdiction by prohibiting transfer of petitioner outside the district pending further order.
3. Whether petitioner should be provisionally permitted to proceed in forma pauperis and receive appointed counsel.

Disposition

other