Ismael Antonio Gil v. Warden, Folkston ICE Processing Center

Summary

The United States District Court for the Southern District of Georgia directs service of Ismael Antonio Gil’s 28 U.S.C. § 2241 habeas petition on the respondent and specified federal officials. The order requires the respondent to answer within seven business days, permits additional motions, establishes reply deadlines, and provides procedures for any separately filed motion for interim relief.

Holdings

1. The petition was not subject to dismissal at the initial screening stage because it did not plainly appear that petitioner was not entitled to relief.
2. The United States Marshal was directed to 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 respondent was required to answer within seven business days and certify the true cause of detention.
3. A petitioner seeking release from detention while a 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 dismissed at initial screening because it plainly appeared that petitioner was not entitled to relief.
2. Whether the petition should be served on the designated federal officials and respondent, with an answer required within seven business days.
3. What showing is required for interim release from detention while the habeas petition is pending.

Disposition

other