Dehghani v. Castro

• Court: District Court, D. New Mexico
• Decided: February 24, 2025
• Docket: 2:25-cv-00052
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

AZADEH DEHGHANI,

Petitioner,

v. No. 2:25-cv-0052 MIS/DLM

DORA CASTRO, Otero Processing Center Warden,

Respondent.

ORDER TO SHOW CAUSE THIS MATTER is before the Court sua sponte. Petitioner Azadeh Dehghani, confined at the Otero Processing Center, filed a federal habeas corpus petition, under 28 U.S.C. § 2241, in which she challenges her immigration detention and requests that she be released. (Doc. 1.) The Court held a status conference on February 6, 2025, where Petitioner stated that their expedited removal, under 8 U.S.C. § 1225, from the United States was scheduled for the end of February 2025. (Doc. 8.) The scope of judicial review of orders of removal under § 1225(b)(1) is extremely narrow. With very limited exceptions, “no court shall have jurisdiction to review . . . any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to section 1225(b)(1).” 8 U.S.C. § 1252(a)(2)(A)(i). Specifically, no court has jurisdiction to review “a decision by the Attorney General to invoke the provisions of [§ 1225(b)(1)],” “the application of [that] section to individual aliens,” or “procedures and policies adopted by the Attorney General to implement [that section].” Id. at § 1252(a)(2)(A)(ii)-(iv). Judicial review of determinations made under § 1225(b)(1) is available in habeas corpus proceedings, but such review is limited to determinations of (A) whether the petitioner is an alien, (B) whether the petitioner was ordered removed under such section, and (C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence, has been admitted as a refugee . . . or has been granted asylum.

Vaupel v. Ortiz, 244 Fed. Appx. 892, 894 (10th Cir. 2007) (emphasis added). The Court hereby orders Petitioner to show cause, no later than Wednesday, February 26, 2025, at 12:00pm, that this Court has jurisdiction to hear her Section 2241 petition. IT IS SO ORDERED.

Zz pews L Meg DAMIANL.MARTINEZ UNITED STATES MAGISTRATE JUDGE