J.M.P v. Arteta

Nature of the Order

This document is a notice of conference and an interim order. It does not decide the underlying petition, and the opinion does not describe the petition’s claims.

Orders Preserving the Court’s Jurisdiction

Judge Dale E. Ho stated that the case had been assigned to him for all purposes. To preserve the Court’s jurisdiction while the matter is pending, the Court ordered that J.M.P. must not be removed from the United States unless and until the Court orders otherwise.

The Court also ordered that J.M.P. must not be transferred except to a facility within the Southern District of New York, the Eastern District of New York, or the District of New Jersey, unless the Court issues a further order. The Court cited the All Writs Act, a federal law authorizing courts to issue orders necessary to protect their jurisdiction, along with decisions involving removal or transfer restrictions during pending proceedings.

Schedule and Service Requirements

Unless the Court orders otherwise, the Respondents’ response is due July 25, 2025. J.M.P.’s reply, if any, is due August 1, 2025.

Within two days of the order, J.M.P.’s counsel must serve the Respondents with the petition, accompanying papers, and the order by overnight mail, then file proof of service. Counsel for the Respondents must promptly file notices of appearance. The order also provides filing and attendance instructions for counsel and procedures for requesting an extension or adjournment.

Disposition

The Court entered the removal and transfer restrictions and set deadlines and service requirements. It did not rule on the merits of J.M.P.’s petition.