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Abdullahi v. Lowe

United States District Court, M.D. Pennsylvania

January 13, 2017

OSMAN MOHAMED ABDULLAHI, A# 208-546-804, Petitioner
v.
CRAIG A. LOWE, Warden, Pike County Correctional Facility, et a/., Respondents

          MEMORANDUM

          JAMES M. MUNLEY JUDGE.

         Osman 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[1] 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.

         I. Background

         Abdullahi 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.)

         On May 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.

         Abdullahi's 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.)

         Abdullahi filed the instant petition "challenging his continued indefinite detention" on December 22, 2016. (14 at 2).

         II. 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 to run 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 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 ...


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