United States District Court, M.D. Pennsylvania
M. MUNLEY JUDGE.
Mohamed Abdullahi ("Abdullahi"), presently a
detainee of the United States Immigration and Customs
Enforcement ("ICE"), detained at the Pike County
Prison, Lords Valley, Pennsylvania, filed the instant
petition for writ of habeas corpus pursuant to 28 U.S.C.
§2241 on December 22, 2016. (Doc. 1). Preliminary review
of the petition has been undertaken, see R. Governing §
2254 Cases R. 4 and, for the reasons set forth below, the
petition will be referred to ICE as a request for review
under 8 C.F.R. § 241.13.
is a native and citizen of Somalia who was taken into ICE
custody on May 10, 2016, at the border, because "he was
not in possession of a valid entry document." (Doc. 1,
p. 4). At that time, he sought asylum. (Id.)
10, 2016, an Immigration Judge ordered him removed from the
United States to Somalia and denied his applications for
Withholding of Removal and Asylum. (Id.) He waived
his right to appeal. (Id.) His removal order became
final at that time.
was served with a decision to continue detention on August 8,
2016. (Id. at 5). On November 5, 2016, he was served
with an order transferring authority over his custody status
to the Headquarters Post Order Detention Unit
("HQPDU"). (Id. at 5). On November 8,
2016, HQPDU continued his detention indicating an expectation
that a travel document would be forthcoming. (Id.)
filed the instant petition "challenging his continued
indefinite detention" on December 22, 2016. (14 at 2).
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
removal period begins to run on the latest of the following:
(i) The date the order of removal becomes administratively
(ii) If the removal order is judicially reviewed and if the
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 from
detention or confinement.
8 U.S.C. §1231. At the conclusion of the ninety-day
period, the alien may be held in continued detention, or may
be released under continued supervision. 8 U.S.C.
§§ 1231(a)(3) & (6). The statute "limits
an alien's post-removal-period detention to a period
reasonably necessary to bring about the alien's removal
from the United States. It does not permit indefinite
detention." Zadvydas v. Davis. 533 U.S. 678,
689 (2001). "Once removal is no longer reasonably
foreseeable, continued detention is no longer authorized by
statute." Id. at 699. To establish uniformity
in the ...