Summary
The United States District Court for the Southern District of New York issued an order in a habeas action brought under 28 U.S.C. § 2241 concerning the petitioner’s detention and location. The court directed the U.S. Attorney’s Office to respond by January 22, 2026, permitted a reply by January 29, 2026, and instructed the parties to address the potential applicability of Chen v. Almodovar.
Topics
Practice areas
Questions Presented
- What is the legal basis for Petitioner’s detention and where is Petitioner being held?
- If the Government relies on 8 U.S.C. § 1225(b)(2)(A), whether there is a basis to distinguish Chen v. Almodovar.
Key quotations
“By January 22, 2026, the U.S. Attorney’s Office shall file an answer or other pleadings in response to the Petition, explaining the basis for Petitioner’s detention and Petitioner’s location.”
Factual background
Petitioner filed a petition under 28 U.S.C. § 2241. The petition concerns Petitioner’s detention, and the court directed the Government to explain both the legal basis for the detention and Petitioner’s location. The order instructed the parties to address the potential applicability of a recent decision involving detention under 8 U.S.C. § 1225(b)(2)(A).
Procedural history
Petitioner filed a § 2241 petition challenging the basis and circumstances of his detention. The court ordered the U.S. Attorney’s Office to notify the Civil Division, file an answer or other responsive pleading explaining the basis for the detention and Petitioner’s location, and address the possible applicability of Chen v. Almodovar. Petitioner was permitted to file reply papers.