DORRIELAN
v.
ICE / U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

S.D. Fla. | 2023-01-31
No. 22-cv-24029
2020 WL 6541994 District Court, S.D. Florida (2023) Positive Treatment
Also reported at: 2022 WL 17851633
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The Court denied Petitioner's motion for release because the preliminary injunction he relied upon was vacated.

Facts & Procedural History

Petitioner sought release from custody based on a preliminary injunction issued in another case. The Ninth Circuit Court of Appeals had since vacated …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Order Of Removal Preliminary Injunction Habeas Corpus Petition Subject Matter Jurisdiction

Explore caselaw by topic → Browse Order Of Removal cases and more on FLexlaw

Opinion of the Court

release from custody under the preliminary injunction issued in Fraihat v. U.S. Immigr. & Customs Enf’t, 445 F. Supp. 3d 709, 718 (C.D. Cal. 2020), order clarified, No. EDCV191546JGBSHKX, 2020 WL 6541994 (C.D. Cal. Oct. 7, 2020), and rev’d and remanded, 16 F. 4th 613 (9th Cir. 2021). Even if the Court has subject matter jurisdiction over this action,1 the Ninth Circuit Court of Appeals vacated the preliminary injunction issued in Fraihat and directed that all orders premised on it be vacated. Avdulahaj v. Warden of Krome Processing Ctr., No. CV 21-23497, 2022 WL 17851633, at *2 (S.D. Fla. Apr. 7, 2022) (citing Fraihat v. U.S. Immigration and Customs Enforcement, 16 F. 4th 613, 619 (9th Cir. 2021)). Thus, Petitioner is not entitled to relief on these grounds.

Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s Motion for Release, ECF No. , is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, on January 31, 2023.

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

Job Dorrielan A#077-877-569 Krome Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street Miami, FL 33194

PRO SE

Footnotes
1 Respondents contend that this Court lacks subject matter jurisdiction over this action because a sixmonth custodial period following an order of removal has not elapsed prior to the filing of the habeas petition in this case. ECF No. (citing Fahim v. Ashcroft, 227 F. Supp. 2d 1359, 1363 (N.D.Ga. 2002)). Case No. 22-cv-24029-BLOOM

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dorrielan v. ICE / U.S. Immigration and Customs Enforcement, 2020 WL 6541994 (S.D. Fla. 2023)
    …release from custody under the preliminary injunction issued in Fraihat v. U.S. Immigr. & Customs Enf’t, 445 F. Supp. 3d 709, 718 (C.D. Cal. 2020), order clarified, No. EDCV191546JGBSHKX, 2020 WL 6541994 (C.D. Cal. Oct. 7, 2020), and rev’d and remanded, 16 F. 4th 613 (9th Cir. 2021). Even if the Court has subject matter jurisdiction over this action,1 the Ninth Circuit Court of Appeals vacated the preliminary injunction issued in Fraihat and directe…
    1 / 3

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw