Kuprashvili v. Flanagan
1:25-cv-05268
| S.D.N.Y. | Jun 30, 2025Background
- Petitioner filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his continued detention by U.S. immigration authorities.
- As of June 7, 2025, petitioner was detained by Immigration and Customs Enforcement (ICE) at 26 Federal Plaza, New York.
- The petition was formally submitted on June 23, 2025, with legal counsel involved.
- The Court requested the U.S. Attorney's Office to report the exact details and chronology of the petitioner's custody.
- Petitioner must not be removed from the United States until the Court rules on his petition, preserving the Court's jurisdiction over the case.
- The petitioner is allowed to submit a letter in response to the government's filing within 21 days of service.
Issues
| Issue | Petitioner's Argument | Respondent's Argument | Held |
|---|---|---|---|
| Stay of Removal to Preserve Jurisdiction | Removal would moot petition | None noted at this stage | Stay granted; petitioner not to be removed until ruling |
| Court’s Authority under All Writs Act | Court can enjoin removal | Court lacks such authority | Court cites All Writs Act for authority to stay removal |
| Requirement for Government to Provide Information | Must disclose detention facts | (Not specified) | Government ordered to provide detailed custody information |
| Opportunity for Response | Entitled to respond to answer | (Not opposed) | Petitioner may file letter-response in 21 days |
Key Cases Cited
- Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224 (2d Cir. 1992) (recognizing a federal court's power under the All Writs Act to protect its jurisdiction)
- Michael v. INS, 48 F.3d 657 (2d Cir. 1995) (All Writs Act as basis for staying removal when reviewing a final removal order)