Ana Lesic and Nikica Lesic v. Christopher J. LaRose, Senior Warden, Otay Mesa Detention Center; Joseph Freden, Acting Field Office Director, U.S. Immigration & Customs Enforcement; Todd Lyons, Acting Director, U.S. ICE; Kristi Noem, U.S. Secretary of Homeland Security; Pamela Bondi, U.S. Attorney General

Summary

The United States District Court for the Southern District of California screened Ana Lesic and Nikica Lesic’s 28 U.S.C. § 2241 petition challenging their immigration detention. The court found the petition sufficiently cognizable to warrant a government response and ordered Respondents to file an answer and show cause by October 23, 2025, with Petitioners’ reply due October 28, 2025.

Holdings

1. The petition sufficiently alleged a cognizable habeas claim to warrant the government's return or answer and therefore was not subject to summary dismissal at the screening stage.
2. Petitioners stated a cognizable claim by alleging that the government would be unable to remove them for the reasonably foreseeable future.

Questions Presented

1. Whether the petition sufficiently alleged a cognizable claim under § 2241 to warrant a return or answer from the government.
2. Whether the allegations that the government could not remove petitioners in the reasonably foreseeable future stated a claim implicating the limits on immigration detention under 8 U.S.C. § 1231 and Zadvydas v. Davis.

Disposition

other