Denis Jose Gonzalez Diaz v. Warden, Folkston ICE Processing Facility, et al.

Summary

The court orders service of a habeas corpus petition under 28 U.S.C. § 2241 filed by Denis Jose Gonzalez Diaz, who seeks release and declaratory and injunctive relief from immigration detention. The order sets deadlines for the respondent's answer and any reply, provides for an informal telephonic conference, and establishes procedures for requesting interim relief.

Holdings

1. Because it did not plainly appear that petitioner was not entitled to relief, the court allowed the habeas petition to proceed and ordered service and an answer.
2. The Warden-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 available detention records.
3. A petitioner seeking release from detention while the habeas petition is pending must demonstrate both 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 screened out at the initial stage because it plainly appeared that petitioner was not entitled to relief.
2. What response, service, and record-production requirements should govern the Warden-Respondent's response to the habeas petition.
3. What showing petitioner must make in a separate motion to obtain interim release from detention while the habeas petition is pending.

Disposition

other