Monday, May 28th, 2018

Emergency Mandamus Filed in CA9; ICE Detains U.S. Citizen; District Court Fails to Act

"On May 30, 2012, Petitioner Esteban Tiznado-Reyna filed a petition for writ of habeas corpus and motion for preliminary injunction to the United States District Court of the District of Arizona. See Exhibit 1, Docket Report for 12-cv-01159-SRB-SPL.  In this petition, Mr. Tiznado-Reyna contends that Immigration and Customs Enforcement (“ICE”) lacks jurisdiction to detain him on the basis of his non-frivolous claim to United States Citizenship.  Six months later, the district court has failed to rule on the preliminary injunction or Mr. Tiznado-Reyna’s multiple motions to expedite, and the magistrate judge has failed to issue a Report and Recommendation on the habeas petition.  The district court’s failure to act effectively abrogates this Court’s decision in Flores-Torres v. Mukasey, 548 F.3d 708 (9th Cir. 2008), which requires a threshold decision on ICE’s jurisdiction to detain