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Ahmed Deri v. Gonzales

United States District Court, M.D. Pennsylvania

January 30, 2017

MOHAMOUD AHMED DERI, A# 208-686-531, Petitioner
v.
ALBERTO GONZALES, et al., Respondents

          MEMORANDUM

          JAMES M. MUNLEY JUDGE United States District Court

         Mohamoud Ahmed Deri ("Deri"), presently a detainee of the United States Immigration and Customs Enforcement ("ICE"), detained at the York County Prison, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2241 on December 21, 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

         Deri is a native and citizen of Somalia who, upon attempting entry into the United States on November 14, 2015, at the Brownsville, Texas Port of Entry, was apprehended by United States Customs and Border Protection. (Doc. 1, p. 13). On that same day, ICE issued a Notice and Order of Expedited Removal charging Deri with being inadmissible to the United States pursuant to Section 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act (INA) and placed him in custody. (Id.)

         Deri sought Asylum. (Id.) On April 29, 2016, an Immigration Judge ordered him removed from the United States to Somalia and denied his applications for Withholding of Removal, Asylum, and Withholding of Removal under Article III of the Convention Against Torture. (Id.) He waived his right to appeal. (Id.)

         A "Decision to Continue Detention" was entered on August 2, 2016. (Id.) At that time, Deri was notified as follows: "If you have not been released or removed from the United States by October 26, 2016, jurisdiction of the custody decision in your case will be transferred to the Headquarters Post Order Custody Review Unit (POCRU), Potomac Center North, 50012th Street SW, Washington DC 20536. POCRU will make a final determination regarding your custody." (Id.)

         Deri filed the instant petition requesting review of the lawfulness of his continued detention "because ICE has been unable to obtain travel documents necessary to deport him to Somalia." (Doc. 1-1, 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 uniformity in the ...


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