By Bryan Manabat
[email protected]
Variety News Staff
A U.S. Immigration and Customs Enforcement detainee, Jianwei Luo, who is being held at the Department of Corrections, is challenging his extended detention.
Luo, through attorney Cong Nie, filed a petition for a writ of habeas corpus in the District Court for the NMI on April 1. The petition names acting ICE San Francisco Field Office Director Sergio Albarran, ICE Acting Director Todd Lyons, U.S. Department of Homeland Security Secretary Markwayne Mullin, for U.S. Attorney General Pamela Bondi, and CNMI Corrections Commissioner Anthony Torres as respondents.
The petitioner’s claims remain under seal.
In an order issued Wednesday, Chief Judge Ramona V. Manglona said she conducted a preliminary review of the petition and found that “dismissal is not warranted,” allowing the case to proceed.
The order notes that Luo filed the habeas petition under 28 U.S.C. § 2241, alleging a violation of 8 U.S.C. § 1231(a)(6). Under § 1231(a)(6), the U.S. government may detain certain noncitizens beyond the standard 90‑day removal period if they are considered a danger to the community or unlikely to comply with removal.
Judge Manglona ordered the petitioner’s counsel to serve the respondents with the petition and the court’s order and to file proof of service by April 10. Respondents must file notices of appearance by April 15 and their responses by April 21.
A hearing on the petition is scheduled for May 5 at 9 a.m.
Judge Manglona further ordered that Luo not be transferred out of the jurisdiction, stating that, given the exigent circumstances, the restriction is warranted “to maintain the status quo” pending resolution of the case on its merits.
Bryan Manabat was a liberal arts student of Northern Marianas College where he also studied criminal justice. He is the recipient of the NMI Humanities Award as an Outstanding Teacher (Non-Classroom) in 2013, and has worked for the CNMI Motheread/Fatheread Literacy Program as lead facilitator.
