Ortiz v. U.S Dept. of Homeland Security
- Rearden
- 1:22-cv-10327
- U.S. District Court · Southern District of New York
- 18
In Ortiz v. U.S. Dept. of Homeland Security, Judge Rearden ordered a response to Luis Ortiz’s petition without deciding its merits.
Luis Ortiz and the U.S. Department of Homeland Security, through the U.S. Attorney’s Office for the Southern District of New York. The government must respond to the petition, and Ortiz may reply.
What happened
In Ortiz v. U.S. Dept. of Homeland Security, Luis Ortiz filed a petition under a federal law that allows people to challenge certain detention or custody matters. The opinion does not explain the petition’s specific claims.
The court directed the Clerk to notify the U.S. Attorney’s Office for the Southern District of New York. It gave that office 60 days to answer or file another response, and allowed Ortiz 30 days after receiving the response to file a reply.
Judge Jennifer H. Rearden did not decide whether Ortiz’s petition should succeed. She issued an order requiring the government to respond and mailed the order and court rules to Ortiz, who was representing himself.
The detailed version
- Ortiz v. U.S Dept. of Homeland Security · No. 1:22-cv-10327
- Rearden
- Jan. 18, 2023
Background
Luis Ortiz filed a petition under 28 U.S.C. § 2241, a federal procedure used to challenge certain custody or detention decisions. The opinion does not describe the factual basis of the petition or the relief Ortiz requested. The caption identifies the respondent as the U.S. Department of Homeland Security, although portions of the reproduced caption are garbled.
Order
The court issued an “Order to Answer.” It directed the Clerk of Court to electronically notify the Civil Division of the U.S. Attorney’s Office for the Southern District of New York. Within 60 days after the date of the order, that office must file an answer or other pleading responding to the petition. Ortiz may file reply papers within 30 days after being served with the respondent’s answer.
The Clerk must also mail Ortiz the order and Judge Rearden’s individual rules for civil and self-represented cases. Those rules explain filing, service, communications, discovery, motions, and other case procedures.
What the Court Decided
Judge Jennifer H. Rearden did not grant or deny the petition and did not decide its underlying legal issues. The order only required the respondent to respond, so the case proceeds to the response stage.
Read the full 18-page opinion on CourtListener, the free public archive maintained by the Free Law Project.