Filadelfo Rodriguez-Sanchez v. Patrick Divver, San Diego Field Office Director, Enforcement and Removal Operations, United States Immigration and Customs Enforcement (ICE); Christopher J. LaRose; Kristi Noem; United States Department of Homeland Security; Pamela Bondi; Executive Office for Immigration Review; Daren K. Margolis

Summary

The United States District Court for the Southern District of California orders the respondents to show cause why Filadelfo Rodriguez-Sanchez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 should not be granted. The Court establishes deadlines for the response, service, and any traverse, and sets an order-to-show-cause hearing. The Court also stays the petitioner’s removal from the United States or the Southern District of California pending further order to preserve jurisdiction.

Holdings

1. The court may stay petitioner's removal from the United States or the district pending further order to preserve the status quo and the court's jurisdiction while the petition is pending.
2. Respondents must show cause by filing a written response explaining why the petition should not be granted by the specified deadline.

Questions Presented

1. Whether the court should temporarily prevent respondents from removing petitioner while the court determines the petition and its subject-matter jurisdiction.
2. What response, briefing, service, and hearing schedule should govern the pending § 2241 petition and request for injunctive relief.

Disposition

other