Abdul Moqem Mohammadi v. Ladeon Francis et al.

Summary

This is a Southern District of New York order in a habeas corpus action under 28 U.S.C. § 2241. The Court stayed the petitioner’s removal and restricted his transfer pending further order, directed counsel to appear for a conference, and requested briefing or argument concerning the petitioner’s location at filing and the potential application of recent immigration decisions.

Holdings

1. Pending a ruling on the habeas petition, petitioner shall not be removed from the United States absent further order of the court.
2. Pending further order, respondents shall not transfer petitioner except to a facility within the Southern District of New York, Eastern District of New York, or District of New Jersey.

Questions Presented

1. Whether the court should temporarily stay petitioner's removal to preserve its jurisdiction over the § 2241 petition.
2. Whether the court should restrict respondents from transferring petitioner outside specified nearby districts pending further order.
3. Whether petitioner's location at the time of filing affected the court's jurisdiction and whether the case was distinguishable from recent immigration habeas decisions.

Disposition

other