Manual Tambriz Tzep v. Kenneth Genalo, et al.

Summary

The court issued an interim order in a 28 U.S.C. § 2241 habeas proceeding to preserve its jurisdiction pending assignment of the case. The order bars the petitioner’s removal and limits his transfer to facilities within the Southern or Eastern Districts of New York or the District of New Jersey, absent further court order.

Holdings

1. To preserve the court's jurisdiction pending a ruling on the § 2241 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 prohibit petitioner's removal from the United States to preserve jurisdiction over the pending § 2241 petition.
2. Whether the court should temporarily restrict petitioner's transfer to facilities outside specified districts to facilitate petitioner's participation in the habeas proceedings.

Disposition

other