Valentina Timaran Restrepo v. Warden, Diamondback Correctional Facility, et al.

Summary

This order addresses a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the petitioner’s immigration detention at the Diamondback Correctional Facility in Oklahoma. The court directs respondents to answer or file a pre-answer motion, requires advance notice of any transfer, and directs the clerk regarding service and summonses.

Holdings

1. The court ordered respondents to file an answer under Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, or alternatively to file a pre-answer motion, and established deadlines for petitioner's reply or response.
2. Because the petition alleged that petitioner was confined within the Western District of Oklahoma, respondents were required to provide written notice at least seventy-two hours before removing, transferring, relocating, or otherwise moving petitioner, and to identify her facility promptly if they disputed that she was within the district.

Questions Presented

1. What procedural response should respondents make to the § 2241 habeas petition?
2. What procedures should govern any transfer or relocation of petitioner while the habeas case is pending?

Disposition

other