Mendez-Mendez v. United States Department of Homeland Security, et al.
ORDER that Sergio Elias Mendez-Mendez's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Filing No. 1 ) is denied without prejudice. A separate judgment in accordance with this Order will be entered this date. Ordered by Judge Robert F. Rossiter, Jr. (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SERGIO ELIAS MENDEZ-MENDEZ,
U.S. DEPARTMENT OF HOMELAND
SECURITY; IMMIGRATION &
CUSTOMS ENFORCEMENT; AND
OFFICE OF ENFORCEMENT AND
This matter is before the Court on petitioner Sergio Elias Mendez-Mendez’s
(“Mendez-Mendez”) Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241
(“Petition”) (Filing No. 1). Mendez-Mendez was arrested in Iowa for Operating While
Under the Influence on November 18, 2017. After posting a bond in the amount of
$2,000, Mendez-Mendez was taken into custody by Immigration and Customs
Enforcement (“ICE”) on November 24, 2017. He then received a Notice to Appear for
Immigration Court. Mendez-Mendez claims he is unable to resolve the pending Iowa
charges due to his remaining in ICE custody. Mendez-Mendez remains in ICE custody at
Hall County Corrections in Grand Island, Nebraska. He seeks an order administratively
closing the removal proceedings and instructing ICE to release him, or, alternatively, an
order instructing the Immigration Court to allow him to post bond.
When considering a petition for habeas relief under 28 U.S.C. § 2241, the Court
must “issue an order directing the respondent to show cause why the writ should not be
granted, unless it appears from the application that the applicant or person detained is not
entitled thereto.” 28 U.S.C. § 2243.
It plainly appears from the petition that Mendez-Mendez is not entitled to relief
because he never asserts that his “custody violates the Constitution, laws, or treaties of
the United States.” Rose v. Hodges, 423 U.S. 19, 21 (1975). Mendez-Mendez’s only
citation of any law is a summary recital of Demore v. Kim, 538 U.S. 510 (2003), for the
proposition that courts can review executive detention.
In Demore, the petitioner
specifically challenged his detention pursuant to 8 U.S.C. § 1226(c), alleging the failure
to make a determination that he posed either a danger to society or was a flight risk
violated his due process rights. Id. at 514. Mendez-Mendez fails to make any similarly
specific allegations against ICE. His Petition merely describes the facts of his case and
seeks release or an order instructing the Immigration Court to allow Mendez-Mendez to
post bond. Accordingly,
IT IS ORDERED:
Mendez-Mendez’s Petition for a Writ of Habeas Corpus Under 28 U.S.C. §
2241 (Filing No. 1) is denied without prejudice.
A separate judgment in accordance with this Order will be entered this date.
Dated this 10th day of January, 2018.
BY THE COURT:
Robert F. Rossiter, Jr.
United States District Judge
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