The opinion of the court was delivered by: William W. Caldwell United States District Judge
Presently before the court is Ameer Aziz's petition (Doc. 1) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is currently detained at York County Prison by Immigration and Customs Enforcement ("ICE"). In the pending petition, Petitioner challenges his detention on the basis that it violates the Immigration and Nationality Act ("INA") and the U.S. Constitution. Petitioner requests release or, in the alternative, a hearing, or reinstatement of an $18,000 bond.
Additionally, Petitioner, who is subject to a final order of removal, has filed a motion to stay removal (Doc. 19). Petitioner has also moved to expedite our consideration of his habeas petition. Each of these motions is presently ripe for the court's review.
Petitioner Ameer Aziz, a native and citizen of Guyana, was admitted to the United States as a lawful permanent resident in 1985 and has resided in the U.S. since that time. Petitioner's criminal history consists of a variety of convictions dating back as far as 1991. Petitioner's 1996 conviction for Carrying a Loaded Weapon Without a License and Carrying a Loaded Weapon on the Street or in Public led to a charge of removability under 8 U.S.C. § 1227(a)(2)(C), or INA § 237(a)(2)(C).*fn1
Petitioner's removal was ordered by the Philadelphia Immigration Court on October 26, 1998, and affirmed by the Board of Immigration Appeals ("BIA") on June 27, 2002.
In 2004, Petitioner filed a habeas corpus petition in the U.S. District Court for the Eastern District of New York, and the District Court granted the petition, which prompted the BIA to reopen the case and remand it to the immigration court, to afford Petitioner an opportunity to seek cancellation of removal. On June 18, 2004, the Department of Homeland Security ("DHS") filed additional charges of removability under 8 U.S.C. § 1227(a)(2)(A)(ii), based on a more recent criminal conviction.*fn2 The immigration court released Petitioner from custody on an $18,000 bond. On November 16, 2006, the immigration court found Petitioner to be removable and denied his application for cancellation of removal. This decision was affirmed by the BIA on May 28, 2008.
Hence, since May of 2008, Petitioner has been subject to a final order of removal. On January 24, 2011, ICE sent a letter to Petitioner's last known address, directing him to report to ICE for removal. However, Petitioner failed to surrender for removal. ICE took him into custody on October 18, 2011.
A. Habeas Corpus Petition
Petitioner argues that his detention violates the INA and the U.S. Constitution-specifically, the due process clause of the Fifth Amendment. Petitioner also challenges the constitutionality of 8 U.S.C. § 1226(a) and (c).*fn3 In a supplement to his habeas corpus petition, Petitioner asks the court "to vacate a forfeiture order" and to reinstate a "bond that was breached because of improperly issued notice..." (Doc. 13 at 1).
Respondents contend that Petitioner's claims must fail because, under 8 U.S.C. § 1231(a), ICE has the authority to detain aliens in his circumstances. We agree. As noted above, Petitioner was found to be removable under 8 U.S.C. § 1227(a)(2)(A)(ii), or INA § 237(a)(2)(A)(ii). 8 U.S.C. § 1231(a)(2) specifically requires the government to detain an alien who has been found to be deportable under § 237(a)(2). Hence, ICE is properly detaining Petitioner.
Furthermore, we reject Petitioner's contention that his detention is unduly prolonged. 8 U.S.C. § 1231(a)(1)(C) permits the government to extend the removal period and keep the alien in detention if the alien acts to prevent his removal. In this case, Petitioner halted his removal by filing an untimely appeal to the Second Circuit Court of Appeals. Hence, there is ...