Hector Antonio Ecute Lemus v. Joseph Freden, NY Director, Buffalo Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement; et al.

Summary

The United States District Court for the Western District of New York denied without prejudice Hector Antonio Ecute Lemus’s motion for a temporary restraining order seeking to prevent his transfer outside the district while his 28 U.S.C. § 2241 habeas petition is pending. The court concluded that the alleged harm was speculative and premature and declined to interfere with immigration detention-placement authority under 8 U.S.C. § 1231(g)(1). The court ordered the respondents to show cause within 14 days and directed that Lemus not be transferred out of the United States until the court determines whether an evidentiary hearing is warranted.

Holdings

1. The TRO was denied without prejudice because petitioner's asserted interference with communication with counsel was speculative and premature, and he was unlikely at that juncture to demonstrate entitlement to the requested relief.
2. The court declined to interfere with respondents' authority to arrange an appropriate place of detention under 8 U.S.C. § 1231(g)(1), particularly because the court retained jurisdiction over the habeas petition regardless of where petitioner was held.
3. Respondents were ordered to show cause within 14 days why the requested § 2241 relief should not be granted and to provide specified immigration and custody records; petitioner may respond within seven days after service of respondents' return.

Questions Presented

1. Whether petitioner was entitled to a temporary restraining order preventing respondents from transferring him outside the Western District of New York.
2. Whether the court should interfere with DHS's statutory discretion to arrange an appropriate place of detention for an immigration detainee.
3. What response and supporting materials respondents must provide in response to the § 2241 petition.

Disposition

other