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Keywords

contractjurisdictionmotionhabeas corpusdue processrespondentmotion to dismiss

jurisdictionstatuterespondent

Related Cases

Rodriguez Sanchez v. Decker

Facts

Amado Rodriguez Sanchez, a 36-year-old citizen of the Dominican Republic, has lived in the United States for ten years with his lawful permanent resident partner and two U.S. citizen children. He was placed in removal proceedings on December 14, 2017, and has been detained since then, primarily at the Bergen County Jail in New Jersey, under a contract with ICE. Sanchez filed a habeas corpus petition on September 26, 2018, claiming his continued detention without individualized review violated due process.

Petitioner Amado Rodriguez Sanchez is a 36-year-old citizen of the Dominican Republic. He has lived in the United States with his lawful permanent resident partner and two United States citizen children for the last ten years, working as a landscaper for much of that time.

Issue

Whether the court has jurisdiction over Sanchez's habeas petition and who the proper respondent is.

Whether this Court has jurisdiction over Petitioner's habeas petition is contingent on the answers to two interrelated questions. First, who is the proper respondent to his petition? And second, does this Court have jurisdiction over the proper respondent?

Rule

The proper respondent to a habeas petition is the person who has custody over the petitioner, typically the immediate custodian, which is the warden of the facility where the petitioner is held.

The federal habeas statute 'provides that the proper respondent to a habeas petition is 'the person who has custody over [the petitioner].'

Analysis

The court analyzed the immediate custodian rule and determined that the Field Office Director of the New York City Field Office for ICE is the proper respondent. The court noted that the immediate custodian rule applies differently in cases involving non-federal facilities under contract with the federal government, as the federal official with the most immediate control over the facility is the appropriate respondent.

This Court finds that the Field Office Director of the New York City Field Office for ICE is the proper respondent here. However, it does not do so because there is any 'compelling distinction between criminal custody and immigration custody as such.'

Conclusion

The court concluded that the Field Office Director of the New York City Field Office for ICE is the proper respondent for the habeas petition, and the respondents' motion to dismiss or transfer the case was denied in part and granted in part.

The Court's conclusion does not amount to a novel departure from a consistently and uniformly applied rule.

Who won?

Amado Rodriguez Sanchez prevailed in part as the court found that the Field Office Director of ICE was the proper respondent, allowing his habeas petition to proceed.

Respondent Decker is thus [the] proper respondent in these proceedings.

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