Movlaev v. Becerra
- Sallie Kim
- 3:24-cv-05016
- U.S. District Court · Northern District of California
- 2
In Movlaev v. Becerra, Judge Kim ordered respondents to explain why habeas relief should not issue in an alleged prolonged immigration detention.
Chingiskhan Movlaev and the respondents, including the parties required to address the petition and the court’s jurisdiction.
What happened
In Movlaev v. Becerra, Chingiskhan Movlaev filed a petition challenging what he described as ongoing prolonged detention while in Immigration and Customs Enforcement custody.
The court made a preliminary finding that it had jurisdiction to consider the claim. It directed Movlaev to serve the petition and supporting documents on the respondents and gave the respondents a deadline to explain why the requested writ should not issue.
Judge Sallie Kim also set deadlines for the parties to state whether they consented to a federal magistrate judge’s jurisdiction. The order did not decide whether Movlaev was entitled to habeas relief.
The detailed version
- Movlaev v. Becerra · No. 3:24-cv-05016
- Sallie Kim
- Aug. 26, 2024
Background
Chingiskhan Movlaev filed a petition for a writ of habeas corpus, a court order challenging the legality of detention. The petition concerned alleged ongoing prolonged detention while Movlaev was in the custody of Immigration and Customs Enforcement.
Court’s action
The court made a preliminary finding that it had jurisdiction to consider the claim. It directed Movlaev to serve the respondents with a copy of the petition, supporting documents, and the order by August 30, 2024. The respondents were ordered to show cause—that is, explain—why the writ should not issue by November 1, 2024.
The court also gave Movlaev until September 5, 2024, to state whether he consented to or declined the jurisdiction of a federal magistrate judge. The respondents were given until September 13, 2024, to do the same. The order stated that a party could withhold consent without adverse substantive consequences. The court sealed the supporting documents, but the provided text does not state the reason.
Disposition
This was an order directing the respondents to respond; it did not grant or deny the habeas petition and did not decide whether Movlaev was entitled to relief. Judge Sallie Kim issued the order on August 26, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.