Published on: Thursday, May 22, 2025

It can be a race to the courthouse and more to prevent an alien detainee from being removed from the United States.  Yesterday, the United States District Court for the District of Maryland issued a standing order prohibiting the removal of alien detainees from the continental United States if the detainee files a § 2241 habeas petition containing their full name and A#.  Full order here.  In relevant part, the order states:

     ORDERED by the United States District Court for the District of Maryland that upon the filing of a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on behalf of an alien detainee, the Government/Respondents, including all those acting for them or on their behalf, are ENJOINED and RESTRAINED from removing Petitioners in such cases from the continental United States or altering their legal status, provided that Petitioner’s full name and A# have  been provided to the Court, either in the Petition or in a separate sealed filing. 

     This Order shall be entered in every such case upon its filing and its terms shall remain in effect until 4:00 p.m. on the second business day following the filing of the Petition, unless the terms of this Order are further extended by the presiding judge.