David Ferrer Lescaille v. Kelie Walker, Secretary, Kristi Noem, Pamela Bondi, and Todd Lyons, Warden of Florida Soft Side South Facility

Summary

The United States District Court for the Middle District of Florida denied David Ferrer Lescaille’s emergency motion to stay his removal while his habeas petition challenging immigration detention remained pending. The court held that 8 U.S.C. § 1252(g) deprived the district court of jurisdiction to stay execution of a removal order and that the All Writs Act could not restore jurisdiction expressly withheld by Congress.

Holdings

1. Section 1252(g) strips the district court of subject-matter jurisdiction to review or stay the execution of a removal order. A request for an order preventing removal directly challenges the Attorney General's action to execute a removal order.
2. The All Writs Act does not confer jurisdiction that Congress has expressly withdrawn and cannot be used to issue a stay of removal barred by § 1252(g).

Questions Presented

1. Whether 8 U.S.C. § 1252(g) divests the district court of jurisdiction to issue a stay of removal.
2. Whether the All Writs Act, 28 U.S.C. § 1651, authorizes the district court to stay removal in order to preserve jurisdiction over a pending habeas petition when § 1252(g) otherwise bars review of the execution of a removal order.

Disposition

other