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Abdinasir v. Sabol

United States District Court, M.D. Pennsylvania

January 23, 2017

MOHAMED ABDINASIR, SHARIF, A# 208689278, Petitioner
v.
MARY E. SABOL, THOMAS DECKER, Respondents

          MEMORANDUM

          JAMES M. MUNLEY United States District Court

         Mohamed Abdinasir Sharif (“Petitioner”), presently a detainee of the United States Immigration and Customs Enforcement (“ICE”), incarcerated at the York County Prison, York, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 on November 15, 2016. (Doc. 1).

         Respondents filed a response (Doc. 5) to the petition on December 22, 2016. Sharif filed his traverse (Doc. 6) on January 4, 2017. The petition is currently ripe for disposition and, for the reasons set forth below, the petition will be dismissed without prejudice.

         I. Background

         Petitioner is a native and citizen of Somalia. (Doc. 1, p. 1). He was apprehended by U.S. Customs and Border Protection on November 25, 2015, at Brownsville, Texas Port of Entry, with no valid immigration documents. (Doc. 5-1, pp. 4, 7). On December 28, 2015, ICE issued a Notice and Order of Expedited Removal charging him as being removable from the United States pursuant to Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act, (“INA”), as amended. (Id. at 7). On April 26, 2016, an Immigration Judge (“IJ”) denied his applications for Withholding of Removal, Asylum, and Withholding of Removal under Article III of the Convention Against Torture, and ordered him removed from the United States to Somalia. (Id.). He waived his right to appeal. (Id. at 7, 10) The removal order is therefore administratively final.

         On August 2, 2016, and October 28, 2016, Petitioner received decisions to continue his detention. (Id. at 7-9). In the October decision, ICE represented that it is currenlty working with the government of Somalia to secure a travel document and that the travel document is expected. (Id. at 11).

         Petitioner contends that he “is entitled to immediate release from detention, and he would be released but for DHSs [sic] unlawful interpretation of Immigration and Customs Enforcement (ICE).” (Doc. 1, p. 1).

         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 ...


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