Prasad

Prasad v. Kaiser

Good Law
United States District Court, Northern District of CaliforniaNovember 18, 20224:22-cv-03018California6,048 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SALESH P., Case No. 22-cv-03018-DMR

Petitioner,

ORDER ON PETITION FOR WRIT OF

v. HABEAS CORPUS AND MOTION FOR

TEMPORARY RESTRAINING ORDER

POLLY KAISER, et al., Re: Dkt. Nos. 1, 11 Respondents.

Petitioner Salesh P. is a noncitizen from Fiji who is currently in Immigration and Customs Enforcement (“ICE”) custody pending the conclusion of his removal proceedings. Respondents are Polly Kaiser, Acting Field Office Director of ICE’s San Francisco Field Office; Tae D. Johnson, Acting Director of ICE; Alejandro Mayorkas, Secretary of the Department of Homeland Security (“DHS”); and Merrick B. Garland, the United States Attorney General. On May 23, 2022, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in which he asks the court to order his release from custody or to direct Respondents to provide him with an individualized custody hearing at which “the government must establish by…

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