Genismanchame v. Decker

Background

On May 17, 2021, Misael Genismanchame filed a petition under 28 U.S.C. § 2241 challenging his detention by Immigration and Customs Enforcement. He argued that his detention violated the Constitution because, during his bond hearing, the immigration court placed on him the burden of disproving the appropriateness of his civil detention by clear and convincing evidence.

The petition stated that Genismanchame was detained at Hudson County Jail in Kearny, New Jersey. The jail was described as a non-federal facility where he was held at the direction of, and under a contract between, the federal government and Hudson County. Genismanchame argued that venue was proper in the Southern District of New York and that Thomas Decker, the director of Immigration and Customs Enforcement’s New York City Field Office, was his immediate custodian and the proper respondent. The other named respondents were Alejandro Mayorkas and Merrick Garland, sued in their official capacities.

Transfer Issue

The court addressed the “immediate custodian rule,” which generally treats the official with immediate physical custody of a detained person as the proper respondent in a detention challenge. The court noted that neither the Supreme Court nor the United States Court of Appeals for the Second Circuit had decided whether that rule applies in immigration detention cases. The court also noted that judges in the Southern District of New York had reached different conclusions, although Judge Abrams had previously transferred similar cases to the federal district where the petitioner was confined.

Order

The court stated that it was inclined to transfer this case to the District of New Jersey because Genismanchame was detained there. It did not order the transfer at this stage. Instead, it ordered Genismanchame to demonstrate by June 25, 2021, why this case was distinguishable from the cases discussed in the order. The government could respond by July 2, 2021. The opinion does not state the later outcome of the proposed transfer or the merits of Genismanchame’s detention challenge.