Aissatou Diallo v. William Joyce, New York Field Office Director, Immigration and Customs Enforcement, U.S. Department of Homeland Security; Kristi Noem, Secretary of Homeland Security

Summary

The United States District Court for the Southern District of New York ordered the Government to respond to Aissatou Diallo’s habeas corpus petition under 28 U.S.C. § 2241 and scheduled a hearing. The Court also barred Petitioner’s removal and restricted her transfer to facilities within specified nearby federal districts pending further order.

Holdings

1. To preserve its jurisdiction pending a ruling on the § 2241 petition, the court ordered that Petitioner not be removed from the United States.
2. Respondents were ordered not to transfer Petitioner except to a facility within the Southern District of New York, Eastern District of New York, or District of New Jersey absent further court order.

Questions Presented

1. Whether interim restrictions on Petitioner's removal were appropriate to preserve the district court's jurisdiction over the pending § 2241 petition.
2. Whether interim restrictions on Petitioner's transfer were appropriate to preserve counsel's access to Petitioner and facilitate resolution of the petition.
3. What response and hearing schedule should govern the Government's opposition to the habeas petition and emergency motion.

Disposition

other