Legal Opinion

Pensamiento v. McDonald

District Court, District of Columbia

Decided May 21, 2018No. Civil Action No. 18–10475–PBSPublishedCited by 30 opinions

1Opinion of the CourtSaris, C.J.

INTRODUCTION

Petitioner Samuel Pensamiento, who was born in Guatemala, is married to a United States citizen, with whom he recently had a child. He has been in Immigration and Customs Enforcement ("ICE") custody since January 31, 2018, when he reported to Chelsea District Court for a pretrial hearing on misdemeanor criminal charges. ICE was waiting at the courthouse and detained him. Pensamiento filed a habeas petition pursuant to 28 U.S.C. § 2241, claiming that ICE was refusing to transport him to his criminal proceedings in state court and that his detention was unlawful because he had not…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Zadvydas v. DavisSupreme Court of the United States · 2001
  3. United States v. SalernoSupreme Court of the United States · 1987
  4. Jennings v. RodriguezSupreme Court of the United States · 2018
  5. Addington v. TexasSupreme Court of the United States · 1979

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3Cited by30 opinions

  1. Marvin Miranda v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2022
  2. Reyes v. BonnarDistrict Court, N.D. California · 2019
  3. Darko v. SessionsDistrict Court, S.D. Illinois · 2018
  4. Xiu Qing You v. NielsenDistrict Court, S.D. Illinois · 2018
  5. Reid v. DonelanDistrict Court, District of Columbia · 2019

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