Palacios Alvarado v. Gillis

Background

Lucas Palacios Alvarado filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, seeking an order directing the Department of Homeland Security to release him from custody and requesting other appropriate relief. The court had ordered the government to respond by May 23, 2023, and to file an administrative record containing documents from the underlying immigration proceedings, including hearings, transcripts, briefs, and opinions.

Government’s request

The government asked to be relieved of the requirement to file the complete administrative record. It explained that, in immigration-detention habeas cases, the government generally files a return—a response supported by documents relevant to the petition—instead of the full administrative record from the immigration proceedings.

The government also stated that the merits of Palacios Alvarado’s removal were before the United States Court of Appeals for the Second Circuit in a pending petition for review. It characterized the only issue in this habeas case as whether his detention was proper. The letter cited federal laws and court decisions concerning the division of authority between district courts and the courts of appeals over challenges to removal orders.

Ruling

Judge Katharine H. Parker ordered that the government was relieved of its obligation to file a complete administrative record. The court permitted the government instead to file a return containing documents relevant to its response. The order did not decide whether Palacios Alvarado’s detention was lawful or whether he was entitled to release.