Gabino Erasto Modesto v. Daniel Brightman, et al.

Summary

The Southern District of California found that Gabino Erasto Modesto’s 28 U.S.C. § 2241 challenge to his immigration detention was sufficiently cognizable to warrant a response. The court ordered the government to state whether it agreed that Modesto was a member of the Maldonado Bautista class and would concede his entitlement to a bond hearing, or otherwise answer the petition.

Holdings

1. The petition had sufficient potential merit to warrant a response and was not subject to summary dismissal at that stage.
2. Respondents were ordered to state whether petitioner is a member of the Maldonado Bautista class and whether they intend to concede his right to a bond hearing; if they did not concede, they were required to answer the petition.

Questions Presented

1. Whether the § 2241 petition presented a sufficiently cognizable and potentially meritorious challenge to the statutory basis for petitioner's immigration detention to require a response.
2. Whether the court should require respondents to state whether petitioner is a member of the Maldonado Bautista class and whether they will concede his right to a bond hearing under that authority.

Disposition

other