United States District Court, M.D. Pennsylvania
M. MUNLEY United States District Court
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).
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
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.
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).
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).
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 ...