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

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Petitioner, ORDER DIRECTING PARTIES TO FILE

SUPPLEMENTAL BRIEFS

v.

MINGA WOFFORD, et al., Respondents.

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

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