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Nigel Terrence Muir Davis v. Eric Holder

March 31, 2011

NIGEL TERRENCE MUIR DAVIS, PETITIONER
v.
ERIC HOLDER, ET AL.,
RESPONDENTS



The opinion of the court was delivered by: Hon. John E. Jones III

MEMORANDUM

THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:

Petitioner Nigel Terrence Muir Davis ("Petitioner" or "Davis"), a detainee of the United States Immigration and Customs Enforcement ("ICE") Office, who is confined at the York County Correctional Facility in York, Pennsylvania, filed pro se the instant Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. §2241. (Doc. 1.) He also has filed a Motion requesting leave to proceed in forma pauperis (Doc. 4) and a Motion to Appoint Counsel (Doc. 2).

Following a preliminary review of the Petition pursuant to the Rules Governing Section 2254 Cases, Rule 4 (applicable to petitions filed under 28 U.S.C. § 2241 in the discretion of the court), it is concluded that it is appropriate to refer the Petition to ICE as a request for review pursuant to 8 C.F.R. § 241.13.

In his Petition, Davis states that he is a native and citizen of Panama who was taken into ICE custody on August 14, 2009 and has remained in ICE custody continuously since that date. (Doc. 1 at 3 ¶ 6.) He states that he was ordered removed from the United States on January 26, 2010, and that the BIA dismissed his appeal from the order of removal. (Id.)

Davis states that he first arrived in the United States as a lawful permanent resident on or about October 10, 1991. (Id. at 4 ¶ 12.) He explains that he was convicted on drug-related offenses in 2003, 2004, and 2005, and that he was arrested by ICE on August 14, 2009 at a meeting with his probation officer. (Id. ¶¶ 13-14.)

Davis states that, to date, ICE has been unable to remove him to Panama, and adds that his country has an embassy in the United States. (Id. at 5 ¶ 15.) He states that he has provided his deportation officer with information verifying that he was born in Panama. (Id. ¶ 16.) Davis alleges that his custody status was first reviewed on August 2, 2010, and that on August 25, 2010, he was served with a written decision ordering his continued detention. (Id. ¶ 17.)

Davis states that, on June 2, 2010, he was served with a notice transferring authority over his custody status to Ice Headquarters Post-Order Detention Unit ("HQPDU"), and that he mailed a letter for a petition for redetermination to his deportation officer and to the ICE Field Office Director. (Id. ¶ 18.) He also alleges that ICE has failed to timely acknowledge or act upon his administrative request for release. (Id. at 8-9 ¶ 27.)

DISCUSSION

Detention, release, and removal of aliens ordered removed is governed by the provisions of 8 U.S.C. § 1231. Under § 1231(a), the Attorney General has ninety days to remove an alien from the United States after his order of removal, during which time detention is mandatory. Section 1231(a)(1)(B) provides the following:

The removal period begins on the latest of the following:

(i) The date the order of removal becomes administratively final.

(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court's final order.

(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released ...


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