Rolando Martinez Garcia v. Kelie Walker, et al.

Summary

The United States District Court for the Middle District of Florida denied Rolando Martinez Garcia’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. The court allowed the habeas challenge to proceed but instructed that any request to pause removal must be directed elsewhere.

Holdings

1. Section 1252(g) deprives the district court of jurisdiction to review or stay the execution of a removal order.
2. The All Writs Act does not confer jurisdiction that Congress has expressly withdrawn through § 1252(g), and therefore cannot authorize the requested stay.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprives a federal district court of jurisdiction to stay execution of a final removal order.
2. Whether the All Writs Act, 28 U.S.C. § 1651, authorizes a district court to stay removal to preserve jurisdiction over a pending habeas detention challenge despite § 1252(g).

Disposition

other