Yevhenii Malets v. LaDeon Francis et al.

Summary

The court issued an order in Yevhenii Malets’s 28 U.S.C. § 2241 habeas case concerning immigration detention. The order temporarily barred Petitioner’s removal and transfer outside specified districts, required Respondents to provide information and file an answer, and directed the Clerk to seek pro bono counsel for Petitioner.

Holdings

1. Pending further order, respondents may not remove Malets from the United States because the restriction is necessary to preserve the court's jurisdiction while the habeas petition is pending.
2. Pending further order, respondents may not transfer Malets except to a facility within the Southern District of New York, Eastern District of New York, or District of New Jersey.
3. Respondents must provide specified information concerning Malets's location, detention, removal order, and immigration proceedings within two business days and must answer the petition within three business days; Malets may reply within ten business days unless the court orders otherwise.
4. The court found that appointment of pro bono counsel was appropriate and directed the Clerk to attempt to locate volunteer counsel, while recognizing that the court could request but not compel an attorney to serve.
5. In forma pauperis status is denied for any appeal from the order because the court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith.

Questions Presented

1. Whether interim restrictions on Malets's removal and transfer were appropriate to preserve the court's jurisdiction and facilitate adjudication of the § 2241 petition.
2. Whether respondents should be required to provide information concerning Malets's location, detention, removal order, and immigration proceedings and to file an expedited answer.
3. Whether the circumstances warranted the court's request for pro bono counsel for Malets.
4. Whether an appeal from the order would be taken in good faith for purposes of in forma pauperis status.

Disposition

other