RONE v. ATTORNEY GENERAL OF THE UNITED STATES

Filing 16

MEMORANDUM AND ORDER dismissing petition with prejudice as to respondents the Attorney General of the United States, Christopher Shanahan, Jeh Johnson and the Department of Homeland Security; the Clerk shall serve a copy of petition and this order up on the respondent Aviles by regular mail; that the Clerk shall forward a copy of the petition and this order to the Chief, Civil Division, United States Attorney's Office; within 30 days from the date of this order, respondent shall file and serve an answer which responds to the allegations and grounds in the petition, etc.. Signed by Judge Kevin McNulty on 6/11/2015. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MOISES RONE,
Petitioner,

:
:

V.

Civ. No. 15-3798 (KM)
MEMORANDUM AND ORDER

ATTORNEY GENERAL OF THE UNITED
STATES,etal.,
Respondents.

Petitioner, Moises Rone, is an immigration detainee currently detained at the hudson
County Correctional Center in Kearny, New Jersey. Fle is proceeding pro se with a petition for
writ of habeas corpus pursuant to

§ 2241. On June 8,2015, this case was transferred to this

I)istrict from the Southern District of New York.
The proper sole respondent in this case is Oscar Aviles, who is the warden of the hudson
County Correctional Center. See Rumsjëld v. Padilla, 542 U.S. 426, 434-3 5 (2004). Therefore,
the petition will be dismissed with prejudice as to respondents the Attorney General of the
United States, Christopher Shanahan, Jeh Johnson and the Department of Florneland Security.
Mr. Rone challenges his current immigration detention in his federal habeas petition.
“Federal courts have habeas jurisdiction to examine the statutory and constitutional bases for an
immigration detention unrelated to a final order of removal.” U!èle v. Holder, 473 F. App’x 144,
146 (3d Cir. 2012) (per curiam) (citing Dernore v. Kim, 538 U.S. 510, 5 17-18 (2003)); see also
Diop v. iCE/Homeland Sec., 656 F.3d 221, 226 (3d Cir. 2011). In accordance with Rule 4 of the
Rules Governing Section 2254 Cases, applicable to

§ 2241 cases through Rule 1(b) of the Rules

Governing Section 2254 Cases, this Court has screened Mr. Rone’s habeas petition for dismissal
and determined that dismissal without an answer and the record on this issue is not warranted. In

addition to any arguments that respondent may make in the answer, respondent shall specifically
address what impact, if any, Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469 (3d Cir.
2015), has on Mr. Rone’s habeas petition.
Accordingly, IT IS this 11th day of June, 2015,
ORDERED that the habeas petition is dismissed with prejudice as to respondents the
Attorney General of the United States, Christopher Shanahan, Jeh Johnson and the Department
of Homeland Security; and it is further
ORDERFI) that the Clerk shall serve a copy of the petition (Dkt. No. 1.) and this Order
upon respondent Aviles by regular mail, with all costs of service advanced by the United States;
and it is further
ORDERED that the Clerk shall forward a copy of the petition (Dkt. No. 1.) and this
Order to the Chief, Civil Division, United States Attorney’s Office, at the following email
address: USANJ-HaheasCasesusdoj.gov; and it is further
ORDERED that within thirty (30) days of the date of the entry of this Order, respondent
shall file and serve an answer which responds to the allegations and grounds in the petition and
which includes all affirmative defenses respondent seeks to invoke, in addition to any other
arguments respondent may make, the answer shall specifically address what impact, if any,
Chavez-Alvarez v. Warden York Cnty. Prison, 783 F.3d 469 (3d Cir. 2015) has on this case; and
it is further
ORDERED that respondent shall file and serve with the answer certified copies of all
documents necessary to resolve petitioner’s claim(s) and affirmative defenses; and it is further
ORDERED that within thirty (30) days of receipt of the answer, petitioner may file a
reply to the answer; and it is further

7

ORDERED that within seven (7) days of petitioner’s release, by parole or otherwise,
respondent shall electronically file a written notice of the same with the Clerk.

(

KEVIN MCNULTY
United Stales l)istrict Judge

)

Q