Francisco Javier Quiroz Figueroa v. Christopher LaRose, et al.

Summary

The United States District Court for the Southern District of California orders the respondents to respond to Francisco Javier Quiroz Figueroa’s 28 U.S.C. § 2241 petition challenging his immigration detention. The court finds that his claim—that he is subject to detention under 8 U.S.C. § 1226(a), rather than mandatory detention under § 1225(b)(2)(A)—has sufficient potential merit to warrant a response and sets deadlines for the response, reply, and oral argument.

Holdings

1. The petition should not be summarily dismissed because the challenge to petitioner's immigration detention had sufficient potential merit to warrant a response.

Questions Presented

1. Whether the § 2241 petition stated a sufficiently cognizable and potentially meritorious challenge to petitioner's immigration detention to warrant a response rather than summary dismissal.
2. Whether petitioner's argument that § 1226(a), rather than § 1225(b)(2)(A), governs his detention presented a potentially meritorious statutory and due-process claim.

Disposition

other