K v. U.S. Department of Homeland Security
- 1:22-cv-10327
- U.S. District Court · Southern District of New York
- 1
In wee K v. U.S. Department of Homeland Security, the court dismissed the habeas petition for lack of jurisdiction and denied appeal-related requests.
wee K, whose habeas petition was dismissed and whose appeal-related requests were denied.
What happened
In wee K v. U.S. Department of Homeland Security, the court dismissed wee K’s petition challenging detention under a federal law that allows certain detention challenges because it lacked jurisdiction.
The court declined to transfer the petition to the Second Circuit because a petition for review would be untimely. It also ruled that no certificate allowing an appeal would issue and denied fee-free appeal status.
The case was closed. The judgment does not identify a judge; it refers to the court.
The detailed version
- K v. U.S. Department of Homeland Security · No. 1:22-cv-10327
- Oct. 23, 2025
Background
wee K filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The judgment states that the court’s reasons appeared in an Opinion and Order dated October 22, 2025.
Rulings
The court dismissed the petition for lack of jurisdiction. This means the court concluded it did not have authority to decide the petition. The court declined to transfer the petition to the Court of Appeals for the Second Circuit because a petition for review would be untimely.
The court further ruled that a certificate of appealability would not issue because the petition did not make a substantial showing that a constitutional right had been denied. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The case was closed.
Disposition
The petition was dismissed for lack of jurisdiction. The transfer request was declined, the certificate of appealability was denied, fee-free appeal status was denied, and the case was closed.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.