A federal judge dismissed a habeas petition filed by an ICE detainee seeking to prevent his transfer from the Elizabeth Detention Center, ruling the court lacked a legal basis to intervene.
Elizabeth, NJ – A federal judge has dismissed a petition filed by an immigration detainee who sought to stop U.S. Immigration and Customs Enforcement from transferring him while his case remained pending.
In an opinion and order issued June 23, U.S. District Judge Edward S. Kiel dismissed without prejudice a habeas corpus petition filed by Jailson da Silva Carvalho, who is being held at the Elizabeth Detention Center.
Detainee sought transfer ban
According to court records, Carvalho filed the petition under 28 U.S.C. § 2241, asking the court to issue a temporary restraining order prohibiting ICE from transferring him during the litigation.
The petition did not challenge the legality of his detention itself. Instead, Carvalho requested only that ICE be barred from moving him to another detention facility while the case was pending.
Court finds no basis for habeas relief
Judge Kiel ruled that federal habeas relief is available only when a person alleges they are being held in violation of the Constitution, federal law or treaties of the United States.
Because Carvalho did not argue that his detention was unlawful, the court found there was no claim it could resolve under the federal habeas statute. The judge also noted that federal law gives the Attorney General authority to determine where noncitizens are detained while removal proceedings are pending.
The petition was dismissed without prejudice, meaning Carvalho may file another action if he later raises a legally sufficient claim. The court also lifted any restrictions that had temporarily limited his transfer and ordered the case closed.
Key Points
- A federal judge dismissed an ICE detainee’s request to block a transfer from the Elizabeth Detention Center.
- The petitioner did not challenge the legality of his detention, only his potential transfer.
- The court ruled federal law gives immigration authorities authority over detention locations and dismissed the case without prejudice.
