Russbel Omar Tapia Tobar v. Warden, Folkston ICE Processing Facility

Summary

This order in a 28 U.S.C. § 2241 habeas action directs service of the petition on the Warden, the Attorney General, and the United States Attorney’s Office. It grants the petitioner leave to proceed in forma pauperis subject to objection and sets deadlines for the respondent’s answer, potential motions, and the petitioner’s replies. The order also establishes procedures for requesting interim relief from immigration detention or removal.

Holdings

1. Because it did not plainly appear that petitioner was not entitled to relief, the court ordered service of the petition and required the respondent to answer and certify the true cause of detention.

Questions Presented

1. Whether the petition should be served because it does not plainly appear that the petitioner is not entitled to habeas relief.
2. What response, record-production, and interim-relief procedures should govern the pending § 2241 habeas proceeding.

Disposition

other