Arkadiy L. Kholyavskiy v. Deborah Achim, Alberto R. Gonzales, and Michael Chertoff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that petitioner’s decision to name the Chicago ICE Field Office Director and not the state prison warden as respondent to his habeas petition was a jurisdictional defect
• concluding that a determination that a District Director is an immediate custodian “‘conflate[s] the person responsible for authorizing custody with the person responsible for maintaining custody’” (quoting al-Marri v. Rumsfeld, 360 F.3d 707, 711 (7th Cir. 2004)
• explaining that circuits are divided on the question of whether a detained alien challenging his impending removal must name the warden of his detention facility in a habeas petition, or may name an immigration official instead
• applying immediate custodian rule and finding that warden of the facility in which alien is detained is the only proper respondent
• “Typically, for an inmate of a jail or prison, his immediate custodian is the warden.”
• “Typically, for an inmate of a jail or prison, his immediate custodian is the warden.”

Source: CourtListener parenthetical corpus (CC0).