Izquirdo Martiato v. Gillis ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION PABLO YASEL IZQUIRDO MARTIATO, Agency No. A215945198 PETITIONER v. CIVIL ACTION NO. 5:19-cv-101-DCB-MTP W. B. BARR, Attorney General; and SHAWN GILLS, Warden of Adams County Correctional Center RESPONDENTS ORDER This matter is before the Court on pro se Petitioner Pablo Yasel Izquirdo Martiato’s (“Petitioner”) Petition [1] for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. Petitioner is an alien detainee currently housed at the Adams County Correctional Center in Natchez, Mississippi. Petitioner has paid the filing fee. Because Petitioner is asserting in his Petition [1] a claim concerning his post-removal detention by the Department of Homeland Security, a § 2241 petition is the proper vehicle to pursue this matter. See Zadvydas v. Davis, 533 U.S. 678, 687-88 (2001). The proper Respondent however is Petitioner’s custodian, Warden Gillis. See 28 U.S.C. § 2243; see Rumsfeld v. Padilla, 542 U.S. 426, 434-42 (2004) (“[I]n habeas challenges to present physical confinement . . . the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official.”). Therefore, Respondent Barr will be dismissed. Accordingly, it is hereby, ORDERED AND ADJUDGED that Respondent W.B. Barr, Attorney General is dismissed. SO ORDERED, this the 16th day of December, 2019. s/David Bramlette UNITED STATES DISTRICT JUDGE