MONTOYA v. GREEN

Filing 2

MEMORANDUM AND ORDER granting Petitioner's application to proceed in forma pauperis and the Clerk shall serve a copy of the Petition (ECF No. 1) and this Order upon respondent Charles Green by regular mail, with all costs of service advanced by the United States. The Clerk shall forward a copy of the Petition (ECF No. 1) and this Order to the Chief, Civil Division, United States Attorneys Office, at the following email address: [e-mail], within 45 days of the date of the entry of this Order, Respondent shall file and serve an answer, and within 30 days of receipt of the answer, Petitioner may file a reply to the answer; etc. Signed by Judge John Michael Vazquez on 8/4/16. (sr, ) (N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Petitioner,
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v.
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LORETTA LYNCH, et al.,
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Respondents.
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_________________________________________ :
JORGE LUIS MALDONADO MONTOYA,

Civ. No. 16-4674 (JMV)

MEMORANDUM AND ORDER

Petitioner, Jorge Luis Maldonado Montoya, is an illegal immigrant currently detained at
the Essex County Correctional Facility in Newark, New Jersey. He is proceeding pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and has submitted an application
to proceed in forma pauperis.
The proper sole respondent in this case is Charles Green, who is the warden of the Essex
County Correctional Facility. See Rumsfeld v. Padilla, 542 U.S. 426, 434-35 (2004). Therefore,
petition will be dismissed with prejudice as to respondents Loretta E. Lynch, the U.S.
Department of Homeland Security, John Tsoukaris, and Jeh Johnson.
In his federal habeas petition, Petitioner challenges his current immigration detention,
which he alleges has exceeded six months. 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 the 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, Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct. 2491, 150 L. Ed. 2d 653 (2001) or
Chavez-Alvarez v. Warden York Cty. Prison, 783 F.3d 469 (3d Cir. 2015) has on the habeas
petition.
Accordingly, IT IS this 4th day of August, 2016,
ORDERED that Petitioner’s application to proceed in forma pauperis is GRANTED;
and it is further
ORDERED the Clerk shall serve a copy of the Petition (ECF No. 1) and this Order upon
respondent Charles Green 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 (ECF No. 1) and this
Order to the Chief, Civil Division, United States Attorney’s Office, at the following email
address: [e-mail]; and it is further
ORDERED that within forty-five (45) 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; and it is further
ORDERED that, in addition to any other arguments Respondent may make, the answer
shall state the statutory authority for Petitioner’s detention, see 28 U.S.C. § 2243, and shall also
address the applicability, if any, of the holdings in Zadvydas v. Davis, 533 U.S. 678, 121 S. Ct.
2491, 150 L. Ed. 2d 653 (2001) or Chavez-Alvarez v. Warden York Cty. Prison, 783 F.3d 469 (3d
Cir. 2015) to the facts of this case, being mindful that Petitioner does not appear to be detained
under 8 U.S.C. § 1226(c); 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
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; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner
by regular U.S. mail.

s/ John Michael Vazquez
JOHN MICHAEL VAZQUEZ
United States District Judge