Filmon Tekie Yohanes v. Warden, Folkston ICE Processing Center

Summary

This order directs service of a 28 U.S.C. § 2241 habeas petition filed by Filmon Tekie Yohanes against the Warden of the Folkston ICE Processing Center. It requires the respondent to answer within seven business days, permits further motions, establishes reply deadlines, and sets procedures for any motion seeking interim relief.

Holdings

1. Because it did not plainly appear that Petitioner was not entitled to relief, the court directed service of the Petition and Order rather than dismissing the action at the screening stage.
2. The United States Marshal must serve the Petition and Order on the Attorney General, the named Warden-Respondent, and the civil process clerk at the United States Attorney's Office for the Southern District of Georgia; the Warden must answer within seven business days and provide available records concerning the detention.
3. A petitioner seeking release from detention while a habeas petition is pending must file a separate motion for interim relief and 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 proceed past initial screening and be served on the Respondent and required government officials.
2. What deadlines and record-production obligations should govern the Respondent's answer and any subsequent motions.
3. What procedural requirements and substantive showing apply to a separate motion seeking interim release from detention while the habeas petition is pending.

Disposition

other