Mohammadullah Assadi v. Warden, Folkston ICE Processing Facility, et al.

Summary

The United States District Court for the Southern District of Georgia directs service of Mohammadullah Assadi’s 28 U.S.C. § 2241 habeas petition challenging his detention by Immigration and Customs Enforcement. The Order requires the Warden-Respondent to answer within seven business days, permits a petitioner reply within three days, and provides for an informal telephonic conference. It also establishes procedures for requesting interim relief, including release from detention, removal restrictions, or transfer restrictions.

Holdings

1. Because it did not plainly appear that Petitioner was not entitled to relief, the court declined to dismiss the petition at the screening stage and ordered service and an answer.
2. A petitioner seeking release from detention while a habeas petition is pending must show 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 petition should be dismissed at preliminary screening because it plainly appeared that Assadi was not entitled to habeas relief.
2. What service, answer, record-production, and reply procedures should govern the initial processing of the § 2241 petition.
3. What showing would be required for interim release from detention while the habeas petition remains pending.

Disposition

other