Erfan Eftekhari v. Jeremy Casey, Facility Administrator at the Imperial Regional Detention Facility, Gregory J. Archambeault, Director of the U.S. Immigration and Customs Enforcement San Diego Field Office, Todd Lyons, Acting Director of U.S. Immigration and Customs Enforcement, Kristi Noem, Secretary of the U.S. Department of Homeland Security, and Pam Bondi, U.S. Attorney General

Summary

The United States District Court for the Southern District of California ordered the respondents to show cause why Erfan Eftekhari’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 should not be granted. The court set a briefing schedule and stayed Eftekhari’s removal from the district pending further order to preserve jurisdiction.

Holdings

1. The court required respondents to show cause why the petition should not be granted, to file relevant documents, and to address whether an evidentiary hearing was necessary.
2. The court ordered that petitioner not be removed from the Southern District of California unless and until the court ordered otherwise, pending resolution of the habeas matter.

Questions Presented

1. Whether respondents should be required to show cause why the § 2241 habeas petition should not be granted.
2. Whether the court should temporarily prevent petitioner’s removal from the district to preserve jurisdiction while the habeas petition was pending.

Disposition

other