Edgar Estuardo Sulugui Chiyal v. Kenneth Genalo

Summary

The United States District Court for the Southern District of New York directs the U.S. Attorney’s Office to respond to a 28 U.S.C. § 2241 petition challenging the petitioner’s detention and to explain the petitioner’s location. The order sets briefing deadlines, directs the parties to address the applicability of Chen v. Almodovar concerning detention under 8 U.S.C. § 1225(b)(2)(A), and vacates an earlier stay of removal and transfer.

Questions Presented

1. What basis does the Government assert for Petitioner’s detention, and where is Petitioner located?
2. Whether the prior order staying Petitioner’s removal and transfer should remain in effect.

Disposition

vacated