Raj Kumar v. Joshua Johnson, Field Office Director of Enforcement and Removal Operations, Dallas Field Office, Immigration and Customs Enforcement, et al.

Summary

The United States District Court for the Western District of Oklahoma directed respondents to answer or move against Raj Kumar’s 28 U.S.C. § 2241 habeas petition challenging his immigration detention. The order also required advance notice of any transfer or relocation, directed service of the petition and order on the United States Attorney, and instructed the Clerk not to issue summonses.

Holdings

1. Respondents must file an answer under Rule 5 of the Rules Governing Section 2254 Cases within fourteen days of the order, or alternatively may file a pre-answer motion; petitioner may respond within the deadlines specified by the order.
2. Respondents must provide at least seventy-two hours' written notice before removing, transferring, relocating, or otherwise moving petitioner, and must promptly identify the facility if they dispute that petitioner is held within the Western District of Oklahoma.
3. The clerk must not issue summonses in this habeas proceeding.

Questions Presented

1. What procedural response should respondents file to a § 2241 habeas petition, and within what time?
2. What notice must respondents provide regarding any removal, transfer, relocation, or other movement of petitioner?
3. Should the clerk issue summonses to respondents in this habeas proceeding?

Disposition

other