Jorge Zamorano Resendiz v. Jeffrey Crawford

Summary

The United States District Court for the Eastern District of Virginia dismissed Jorge Zamorano Resendiz’s 28 U.S.C. § 2241 petition challenging his immigration detention and seeking release. The court held that, following the finality of his removal order, his detention under 8 U.S.C. § 1231 was premature for a Zadvydas-based challenge and that the court lacked jurisdiction over collateral attacks on the removal proceedings.

Holdings

1. Resendiz's § 2241 detention challenge was premature because his detention under § 1231 had lasted less than the presumptively reasonable six-month period recognized in Zadvydas v. Davis.
2. The district court lacked jurisdiction under 8 U.S.C. § 1252(g) to review collateral challenges to Resendiz's removal proceedings, including claims seeking cancellation or withholding of removal.

Questions Presented

1. Whether Resendiz's continued detention under 8 U.S.C. § 1231 violated due process before the presumptively reasonable six-month detention period recognized in Zadvydas v. Davis.
2. Whether the district court had jurisdiction under 8 U.S.C. § 1252(g) to review collateral challenges to Resendiz's removal proceedings or claims seeking cancellation or withholding of removal.
3. Whether Resendiz was entitled to release under 28 U.S.C. § 2241.

Disposition

dismissed