Chalco-Beltran v. Francis
- Paul Engelmayer
- 1:25-cv-09208
- U.S. District Court · Southern District of New York
- 2
In Carlos Andres Chalco-Beltran v. Ladeon Francis, Judge Engelmayer ordered a response to the Section 2241 petition and barred removal while it is pending.
Carlos Andres Chalco-Beltran, whose removal from the United States is restricted while the petition is pending; the respondents and the U.S. Attorney’s Office for the Southern District of New York, which must respond to the petition.
What happened
Carlos Andres Chalco-Beltran v. Ladeon Francis is a petition filed under 28 U.S.C. § 2241. The opinion does not decide the petition’s underlying question.
The court directed the U.S. Attorney’s Office for the Southern District of New York to respond within 60 days. Carlos Andres Chalco-Beltran may file a reply within 30 days after being served with the response.
Judge Paul A. Engelmayer also ordered that Carlos Andres Chalco-Beltran not be removed from the United States unless the court orders otherwise. The restriction was entered to preserve the court’s authority to decide the petition.
The detailed version
- Chalco-Beltran v. Francis · No. 1:25-cv-09208
- Paul Engelmayer
- Nov. 4, 2025
Background
Carlos Andres Chalco-Beltran filed a petition under 28 U.S.C. § 2241. The opinion does not describe the petition’s specific legal claims or the relief requested beyond identifying it as a petition under that statute.
Court’s directives
The court ordered the Clerk of Court to electronically notify the Civil Division of the U.S. Attorney’s Office for the Southern District of New York that the order had been issued. The U.S. Attorney’s Office must file an answer or other response within 60 days after the order’s date. Carlos Andres Chalco-Beltran may file reply papers within 30 days after being served with the respondents’ answer.
Removal restriction
To preserve the court’s jurisdiction—the court’s authority to decide the case—the order states that Carlos Andres Chalco-Beltran may not be removed from the United States unless and until the court orders otherwise.
Disposition
The court issued procedural directions and a temporary restriction on removal while the petition is pending. It did not grant or deny the petition and did not decide its underlying merits. The order was signed by Judge Paul A. Engelmayer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.