Futian Zhao, an immigration detainee, has filed a federal habeas corpus petition challenging his detention by Immigration and Customs Enforcement officials in Detroit. The case represents another challenge to federal immigration detention practices, with Zhao seeking release or other relief from what he claims is unlawful custody.
After reviewing Zhao's initial petition and a supplemental filing submitted in response to the court's March 9 order, Judge Calabrese determined the case warranted a government response. As the judge wrote in his brief order, the court 'on its face, cannot say whether Petitioner is entitled to a least some of the relief requested.'
The ruling suggests Zhao has presented at least facially valid claims that require substantive government response rather than immediate dismissal. Judge Calabrese ordered the clerk to forward copies of the petition to both the U.S. Attorney General and the local U.S. Attorney's office in the Northern District of Ohio.
The case began with Zhao's initial habeas petition, followed by the court's March 9 order requesting additional information. Zhao complied with that order by filing supplemental materials, leading to Wednesday's directive for government response.
Under the federal habeas corpus statute, 28 U.S.C. § 2241, immigration detainees can challenge the legality of their detention in federal court. The statute requires courts to determine whether petitions state valid claims before ordering government responses.
Judge Calabrese gave immigration officials until April 17 to file their response, citing 'good cause shown' under 28 U.S.C. § 2243. The expedited timeline suggests the court views Zhao's detention challenge as requiring prompt resolution.