Keila Fernandez v. Christopher Bullock

Summary

The United States District Court for the Western District of Tennessee ordered the respondent to respond within two business days to Keila Fernandez’s habeas petition challenging her immigration detention. The court stayed any transfer of Fernandez during the petition’s pendency and required the respondent to address the Sixth Circuit’s decision in Lopez-Campos v. Raycraft concerning individualized bond hearings.

Holdings

1. Respondent must file a written response within two business days and, if detention is based on 8 U.S.C. § 1225(b)(2)(A) and Respondent continues to oppose release, must distinguish Lopez-Campos v. Raycraft or explain why that decision does not apply; absent such a showing, Respondent must state whether he consents to issuance of the writ.
2. Respondent shall not transfer Fernandez out of the West Tennessee Detention Facility during the pendency of the petition.

Questions Presented

1. Whether Respondent should be required to explain the statutory basis for Fernandez's detention and address the applicability of Lopez-Campos v. Raycraft.
2. Whether Fernandez should be protected from transfer out of the West Tennessee Detention Facility while her habeas petition is pending.

Disposition

other