Akhmed Tatarashvili v. Warden, Folkston ICE Processing Center

Summary

The United States District Court for the Southern District of Georgia directs service of Akhmed Tatarashvili’s 28 U.S.C. § 2241 habeas petition on the Attorney General, the respondent warden, and the United States Attorney’s Office. The order sets deadlines for the respondent’s answer, any motions, and the petitioner’s replies, and establishes procedures for seeking interim relief from immigration detention.

Holdings

1. Because it did not plainly appear that petitioner was not entitled to relief, the court ordered the petition served on the Attorney General, the named warden, and the civil process clerk for the United States Attorney's Office.
2. The respondent must answer within seven business days, address the petition's allegations, certify the true cause of detention, show cause why the petition should not be granted, and provide relevant ICE records available to counsel, with supplementation as additional records are obtained.
3. A petitioner seeking release from detention while the § 2241 petition is pending must demonstrate a likelihood of success on the merits of a substantial constitutional claim and extraordinary and exceptional circumstances making release necessary to preserve the effectiveness of the requested habeas relief.

Questions Presented

1. Whether the § 2241 petition should be served because it does not plainly appear that the petitioner is not entitled to habeas relief.
2. What procedural requirements and deadlines should govern the respondent's answer, production of detention records, and the petitioner's reply.
3. What procedure and showing apply if the petitioner seeks interim relief, including release from immigration detention while the habeas petition is pending.

Disposition

other