Mcdonald v. Francis
- Vargas
- 1:25-cv-09355
- U.S. District Court · Southern District of New York
- 2
In McDonald v. Francis, Judge Vargas barred McDonald’s removal while considering her detention petition and ordered a conference.
Shawnet Nickesha McDonald, whose removal from the United States was temporarily barred; ICE and other appropriate officials, who were to be notified of the order; and the U.S. Attorney’s Office for the Southern District of New York, which was ordered to provide notice and file a status report.
What happened
In Shawnet Nickesha McDonald v. Ladeon Francis, et al., a petition was filed on McDonald’s behalf challenging her alleged unlawful arrest and detention by immigration officials. Her partner, Chattara Kelly, filed the petition as her representative for this purpose.
The court ordered that McDonald not be removed from the United States unless the court later ordered otherwise. The court said this temporary protection was needed to preserve its authority to consider the petition. It also scheduled a conference and directed the U.S. Attorney’s Office to notify appropriate immigration officials and file a status report.
Judge Jeannette A. Vargas entered the order on November 10, 2025. The order preserves the case while the court considers the petition; it does not decide whether McDonald’s arrest or detention was unlawful.
The detailed version
- Mcdonald v. Francis · No. 1:25-cv-09355
- Vargas
- Nov. 10, 2025
Background
A petition for a writ of habeas corpus—a court request concerning allegedly unlawful custody—was filed on behalf of Shawnet Nickesha McDonald. The petition alleges that the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) unlawfully arrested and detained McDonald. Chattara Kelly, identified as McDonald’s partner, filed the petition as McDonald’s “next friend,” meaning a person filing on behalf of someone else.
Order
The court ordered that McDonald must not be removed from the United States unless and until the court orders otherwise. The court explained that the restriction was intended to preserve its jurisdiction, or authority to decide the pending petition, while it considers the case. The order cited the federal All Writs Act as authority for protecting the court’s jurisdiction.
The court scheduled a conference for November 13, 2025, at 12:30 p.m. in Courtroom 14C at the United States Courthouse at 500 Pearl Street in New York, New York. It directed that a copy of the order be served on the U.S. Attorney’s Office for the Southern District of New York. The office was ordered to immediately notify appropriate ICE officials and file a status report by November 12, 2025, at 5 p.m.
Disposition
Judge Jeannette A. Vargas entered a temporary order preserving McDonald’s ability to pursue the petition while the court considers it. The order does not decide the merits of whether McDonald’s arrest or detention was unlawful.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.