John Doe v. Merrick Garland

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN DOE, No. 23-15361

Petitioner-Appellee, D.C. No. 3:22-cv-03759-JD v.

MERRICK B. GARLAND, Attorney OPINION General; ALEJANDRO N. MAYORKAS; TAE JOHNSON, in his official capacity, Acting Director for U.S. Immigration and Customs Enforcement; POLLY KAISER, in her official capacity, Acting Director for the San Francisco ICE Field Office;

MOISES BECERRA,

Respondents-Appellants.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted May 16, 2024 San Francisco, California

Filed July 29, 2024 Before: Kenneth K. Lee and Daniel A. Bress, Circuit Judges, and Yvette Kane,* District Judge.

Opinion by Judge Kane

SUMMARY**

Habeas/Immigration

The panel reversed the district court’s denial of Respondents’ motion to dismiss and remanded to the district court with instructions to vacate the grant of the habeas petition filed by John Doe, a detained alien. Doe brought his habeas petition pursuant to 28 U.S.C. § 2241 in the Northern District of California,…