Axel Jean Carlos Moreno v. Christopher Bullock

Summary

The United States District Court for the Western District of Tennessee denied Axel Jean Carlos Moreno’s 28 U.S.C. § 2241 petition challenging his immigration detention without a bond hearing and denied his motion for a temporary restraining order. The court held that his detention for less than six months did not violate due process under Zadvydas v. Davis and that it lacked jurisdiction over claims challenging the merits or execution of his removal order.

Holdings

1. Moreno's detention without a bond hearing did not violate the Constitution because he was subject to mandatory detention under 8 U.S.C. § 1231(a)(2)(A) and had been detained for less than six months.
2. The district court lacked jurisdiction to consider Moreno's claims challenging the merits of his removal or seeking to prevent execution of the removal order.
3. The Field Office Director for the place of confinement was the proper respondent, and the court directed the Clerk to dismiss the other respondents.

Questions Presented

1. Whether Moreno's detention without a bond hearing violated the Due Process Clause.
2. Whether the district court had jurisdiction under § 2241 to consider claims challenging the merits or execution of Moreno's removal order.
3. Whether the Field Office Director for the place of confinement was the proper respondent to the § 2241 detention challenge.