Torres v. Francis

Background

Jordan Anthony Tamay Torres, who the opinion says was detained at the Delaney Hall Detention Center in Newark, New Jersey, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petition was filed on his behalf by Josselyn Andrea Duque Infante, whom the opinion identifies as Torres’s partner and the mother of their daughter.

The order discusses the requirements for a person acting as a “next friend”—someone who files a habeas petition for another person. The person acting in that role must explain why the person seeking relief cannot appear personally and must show dedication to that person’s best interests. The opinion does not state that the court made a final ruling on whether Duque Infante satisfied those requirements.

Court’s Orders

The court ordered the Clerk of Court to notify the Civil Division of the U.S. Attorney’s Office for the Southern District of New York. It ordered that office to file an answer or other response by December 10, 2025. The response must also address whether Torres was located in the Southern District of New York when the petition was filed. Torres may file reply papers within seven days after being served with the respondents’ answer.

To facilitate further proceedings and preserve the court’s ability to resolve the petition, the court ordered that the respondents may not transfer Torres 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 another order. The respondents must promptly tell the court where Torres is detained and promptly report any change in his location.

The court also ordered that Torres not be removed from the United States unless and until the court orders otherwise. The opinion states that this restriction was imposed to preserve the court’s jurisdiction while the petition remains pending. The order permits a self-represented party, including a next friend, to consent to receive documents by email.

Disposition

This is an order requiring a response and maintaining the existing situation while the petition proceeds. It does not grant or deny the habeas petition and does not decide the underlying detention issue. Judge Andrew L. Carter, Jr. entered the order on November 24, 2025.