Mohammad v. Prim et al
| Alhan Mousa Mohammad |
| Jefferson Sessions, Ricardo Wong, Kristjen Nielsen, Bill Prim and David Devane |
| 3:2018cv50357 |
| November 8, 2018 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Frederick J Kapala |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
|---|
| Filing 7 RESPONSE by Respondent David Devane to petition for writ of habeas corpus #1 (Attachments: #1 Exhibit A - Declaration of Deportation Officer)(Mallory, Monica) |
| Filing 6 DESIGNATION of Monica V Mallory as U.S. Attorney for Respondent David Devane (Mallory, Monica) |
Filing 5
ORDER: Mohammads 2241 petition for a writ of habeas corpus is taken under advisement. The Seventh Circuit has held that the person responsible for maintaining custody, not the person responsiblefor authorizing custody, is the immediate custodian and therefore the proper respondent in a federal habeas action by an alien held in a state jail awaiting deportation. Kholyavskiy v. Achim, 443 F.3d 946 (2006). In a case such as this, where the prisoner lodges a core challenge to his present physical confinement, the petition must be directed at the person with immediate custody of the detained person, with day-to-day control over him and the power to physically produce him before the court. Id. at 952-53; see also Rumsfeld v. Padilla, 542 U.S. 426, 444 (2004) (noting that core habeas challenges must be brought in the district court with territorial jurisdiction over the detainees immediate custodian). The authority of any federal immigration official to authorize the detainees release does not make h[im] [the] immediate custodian for habeas purposes. Kholyavskiy, 443 F.3d at 953. Accordingly, the court directs the clerk to substitute David Devane, Chief Administrative Officer for the McHenry County Sheriffs Office, for Sheriff Prim and all other respondents are terminated from this case. DeVane is directed to file a response by 1/11/2019. Any reply to be filed by 2/11/2019. Service on Devane shall constitute sufficient service and the clerk is directed to send a copy of this order to the United States Attorney for this District. Signed by the Honorable Frederick J. Kapala on 12/3/2018:mailed notice(pg, )
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| Filing 4 PRO SE Appearance by Petitioner Alhan Mousa Mohammad (pg, ) |
| Filing 3 APPLICATION by Petitioner Alhan Mousa Mohammad for leave to proceed in forma pauperis (pg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pg, ) |
| Filing 1 PETITION for writ of habeas corpus filed by Alhan Mousa Mohammad against Alhan Mousa Mohammad, Kristjen Nielsen, Bill Prim, Jefferson Sessions (pg, ) |
| paid filing fee of 5.00, #46243004038 (pg, ) |
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