Gabr Awadh Omar Abdullah v. Warden, Folkston ICE Processing Center

Summary

This order from the United States District Court for the Southern District of Georgia directs service of a 28 U.S.C. § 2241 habeas petition filed by Gabr Awadh Omar Abdullah against the Warden of the Folkston ICE Processing Center. It requires the respondent to answer within seven business days, establishes deadlines for replies and motions, and provides instructions for requesting interim relief from immigration detention.

Holdings

1. Because it did not plainly appear that petitioner was not entitled to relief, the court declined summary dismissal and ordered the petition served.
2. The United States Marshal must serve the petition and order on the Attorney General, the named warden, and the civil process clerk for the United States Attorney's Office for the Southern District of Georgia; the respondent must answer within seven business days and certify the true cause of detention.
3. A petitioner seeking release from detention while the habeas 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 amended § 2241 petition should be summarily dismissed at the preliminary screening stage.
2. Whether the petition should be served on the Attorney General, the named warden, and the United States Attorney's Office.
3. What showing is required for interim release from immigration detention while the habeas petition is pending.

Disposition

other