Wofford

Kennedy Ndolo Timina v. Minga Wofford, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 27, 20251:25-cv-00804California494 words

Opinion

trial_court Opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 KENNEDY NDOLO TIMINA, Case No. 1:25-cv-0804-SAB-HC

11 Petitioner, ORDER DIRECTING PARTIES TO FILE

SUPPLEMENTAL BRIEFS

12 v.

13 MINGA WOFFORD, et al., 14 Respondents.

15 16 Petitioner, represented by counsel, is a federal immigration detainee proceeding with a 17 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. 18 Petitioner is detained pursuant to § 1231(a)(6). (ECF No. 1 at 2; ECF No. 12 at 1.1) The 19 Supreme Court has “read an implicit limitation into” § 1231(a)(6) and held that the statute 20 “limits an alien’s post-removal-period detention to a period reasonably necessary to bring about 21 that alien’s removal from the United States.” Zadvydas v. Davis, 533 U.S. 678, 689 (2001). 22 Thus, after a presumptively reasonable “6–month period, once the alien provides good reason to 23 believe that there is no significant likelihood of removal in the reasonably foreseeable future, the 24 Government must respond with evidence sufficient to rebut that showing.” Id. at 701. 25 Here, both parties agree …

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