Malets v. FRANCIS

Background

On December 3, 2025, Yevhenii MALETS filed a petition under 28 U.S.C. § 2241, a law allowing a person to challenge certain forms of detention. He was assisted by a next friend, Roman Kravchina, and the petition alleged that MALETS was present in the Southern District of New York when it was filed. The order does not decide the merits of the petition.

Orders preserving the case and requiring information

To preserve the court’s authority to decide the petition, the court ordered that MALETS not be removed from the United States without further court order. The respondents also may not transfer him except to a facility in the Southern District of New York, the Eastern District of New York, or the District of New Jersey, unless the court orders otherwise.

Within two business days, the respondents must file a letter stating whether MALETS was in the Southern District of New York when the petition was filed and, if not, where he was and whether the case should be transferred. The letter must also provide his A-number, current detention location, a contact person for prospective counsel, the statutory authority the respondents claim permits his detention, any final removal order, and information about the status of any Department of Homeland Security or Executive Office for Immigration Review proceedings.

Unless the court orders otherwise, the respondents must answer the petition within three business days. MALETS may file a reply within ten business days.

Pro bono counsel

The court found that the factors governing requests for volunteer counsel favored seeking a pro bono lawyer. It cited the complex legal questions raised by MALETS’s detention and his limited ability to present the case and investigate facts because of his incarceration and the emergency nature of the petition.

The court directed the Clerk of Court to attempt to locate a volunteer lawyer. It explained that the court cannot require an attorney to accept the representation, and that no volunteer lawyer is guaranteed. If no lawyer accepts, MALETS should be prepared to proceed without a lawyer. The order also states that MALETS should promptly inform the court if he has obtained counsel or does not want the court to seek a volunteer.

Disposition

Judge Arun Subramanian directed the Clerk of Court to notify the United States Attorney’s Office, seek pro bono counsel, and mail the order to MALETS’s next friend. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. The order is an interim procedural order; it does not grant or deny the habeas petition.