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Mario Duque Segura v. Eric H. Holder

December 21, 2010

MARIO DUQUE SEGURA, PETITIONER
v.
ERIC H. HOLDER, JR., ET AL., :
RESPONDENTS



The opinion of the court was delivered by: (Judge Muir)

(Petition Filed 10/04/10)

MEMORANDUM AND ORDER

December 20, 2010

Petitioner, a detainee of the Immigration and Customs Enforcement ("ICE"), currently confined in the York County Prison, York, Pennsylvania, filed the above captioned petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He seeks "immediate release from ICE/DHS custody" or, in the alternative, "a real opportunity for a bail hearing or some kind of release condition." (Doc. 1, petition). A response and traverse having been filed, (Docs. 5, 6), the petition is ripe for disposition. For the reasons set forth below, the petition will be denied.

I. Background

Petitioner, a native and citizen of Guatemala, entered the United States, in 1999. (Doc. 1, petition).

On October 13, 2004, petitioner was convicted for Possession of Drug Paraphernalia, a violation of 35 Pa.C.S.A. § 113-780(a)(32). Id.

On December 8, 2005, Segura was convicted for Contempt for Violation of Order of Agreement in violation of 23 Pa.C.S.A. § 6114(a), when he violated a protection from abuse order. Id.

On August 22, 2005, petitioner pled guilty to Driving Under the Influence of Alcohol. Id.

On August 1, 2009, petitioner was arrested, and charged with Assault and Harassment. Id. Petitioner states that the charges "were withdrawn at the request of the District Attorney." Id.

On August 24, 2009, petitioner was taken into ICE custody and charged with removability pursuant to § 237(a)(2)(E)(ii) of the Immigration and Nationality Act ("INA"), as an alien who after being enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats or violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued, and pursuant to § 237(a)(2)(B)(i) of the INA, as an alien who has been convicted of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance. Id.

Segura first appeared before the Immigration Court on January 13, 2010, at which time an order terminating proceedings was entered. Id.

On January 26, 2010 ICE filed a notice of appeal with the Board of Immigration Appeals ("BIA"). Id. ICE's appeal is currently pending before the BIA.

On May 12, 2010, Segura filed Segura v. Sabol, Civil No. 4:CV-10-1016 (M.D. Pa.), his first federal habeas corpus petition, challenging his continued detention. By Memorandum and Order dated May 18, 2010, Segura's petition was summarily dismissed as premature, as the appeal before the BIA was still pending. Id. In addition, Segura's detention was ...


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