Tedros Dawit, an immigration detainee housed at the Adams County Correctional Center in Natchez, Mississippi, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. ยง 2241 challenging his detention. The case involves determining the proper respondent in immigration custody challenges at the privately operated federal facility.
Myers ruled that Rafael Vergara, warden of Adams County Correctional Center, is the appropriate respondent for Dawit's habeas challenge. The magistrate judge relied on Supreme Court precedent, noting that when a habeas petitioner challenges present physical custody, 'the proper respondent is the warden of the facility where the [petitioner] is being held, not the Attorney General or some other remote supervisory official,' citing Rumsfeld v. Padilla.
The court directed that Vergara 'shall respond to the Petition' and gave him twenty days to file an answer or other responsive pleading. Myers also ordered that the respondent file 'any agency records or court records relevant to the disposition of this cause' along with his response.
Dawit paid the filing fee for his habeas petition, indicating he is proceeding as a paying litigant rather than in forma pauperis. The court initially required Dawit to name the proper respondent in his petition before proceeding, which led to the current order identifying Vergara as the sole defendant.
The magistrate judge established a streamlined briefing schedule, allowing Dawit to file a rebuttal within fourteen days after the warden files his response. The court also ordered service on multiple government entities, including the U.S. Attorney's Office for the Southern District of Mississippi and the Attorney General.
Myers warned Dawit that 'his failure to timely comply with any Order of this Court or his failure to keep this Court informed of his current address will result in the dismissal of this case.' This standard warning reflects the challenges courts face when dealing with pro se petitioners who may be transferred between detention facilities.
The Adams County Correctional Center is a privately operated federal detention facility that houses immigration detainees for U.S. Immigration and Customs Enforcement. Habeas challenges from immigration detainees often focus on prolonged detention without bond hearings or due process violations during removal proceedings.