United States District Court, M.D. Pennsylvania
D. MARIANI, UNITED STATES DISTRICT JUDGE
Segun Debowale, a detainee of the United States Immigration
and Customs Enforcement ("ICE"), currently confined
in the Pike County Correctional Facility, Lords Valley,
Pennsylvania, filed the above-captioned petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1).
Debowale claims that: (1) his 1999 deportation proceedings
did not afford him due process; (2) he is eligible for a
waiver of inadmissibility under 8 U.S.C. § 1182(h); and
(3) the length of his detention violates the Due Process
Clause of the Fifth Amendment. (Id.). Debowale seeks
immediate release or an individualized bond hearing.
(Id. at p. 14). Respondent argues that the Court
lacks jurisdiction to review Debowale's first two claims
because they relate to the merits of his removal, and that he
is not entitled to release or a bond hearing because his
detention has not been unconstitutionally lengthy. (Doc. 10,
reasons set forth below, the Court will dismiss
Debowale's procedural due process challenges to his
removal proceedings and request for a waiver of
inadmissibility for lack of jurisdiction. The Court will
further grant a writ of habeas corpus directing an
Immigration Judge to conduct a bond hearing to determine if
Debowale is a flight risk or danger to the community.
a native and citizen of Nigeria, initially entered the United
States in 1984 under a non-immigrant visa. (Doc. 1, p. 2). On
August 16, 1989, he became a lawful permanent resident.
17, 1993, Debowale was convicted by a jury of conspiracy to
commit wire fraud, money laundering, and use of unauthorized
access devices. (Doc. 10-1, 1993 Judgment in a Criminal
Case); see also United States v. Debowale, reported as
United States v. Ismoila, 100 F.3d 380, 385 (5th Cir.
1996). Debowale was sentenced to a total of eighty-seven
months imprisonment followed by five years of supervised
release, and was ordered to pay $360, 689.00 in restitution.
January 25, 1998, based on Debowale's conviction, the
Immigration and Naturalization Service
("INS") commenced removal proceedings against him
charging him as removable from the United States pursuant to
sections 237(a)(2)(A)(i), (ii), and (iii) of the Immigration
and Nationality Act ("INA") because his crimes
involved moral turpitude or constituted aggravated felonies.
(Doc. 10-2, Notice to Appear). On March 9, 1999, Debowale was
ordered removed from the United States. (Doc. 10-4). On June
21, 2000, INS deported Debowale to Nigeria. (Doc. 1, p. 3;
reentered the United States without inspection in 2001. (Doc.
1, p. 3). On September 22, 2011, Debowale pleaded guilty to a
federal charge of conspiracy to commit wire fraud. (Doc.
10-3, 2011 Judgment in a Criminal Case). He was sentenced to
a seventy-eight month term of imprisonment. (Id.).
then reinstated Debowale's prior order of removal. (Doc.
10-4, Notice of Intent/Decision to Reinstate Prior Order).
The immigration judge subsequently granted a motion to reopen
the proceedings. (Doc. 10-5, Order of the Immigration Judge
Reopening Proceedings). Upon reopening of Debowale's
case, ICE withdrew the prior charges of removability and
lodged new charges. The amended charges of removability
charged Debowale as removable from the United States pursuant
to sections 2l2(a)(2)(A)(i)(1), 212(A)(2)(B), and
2l2(a)(6)(A)(i) of the Immigration and Nationality Act
("INA"), 8 U.S.C. § 1182, for committing
crimes involving moral turpitude, being convicted of two
offenses with an aggregate sentence of five years of
imprisonment, and entering the United States without
admission or parole. (Doc. 10-6, Additional Charges of
20, 2016, Debowale was taken into ICE custody. (Doc. 10-7, p.
8, Appeal Brief to the Board of Immigration Appeals). ICE has
detained him without a bond hearing during the pendency of
his removal proceedings. (Id. at p. 7).
6, 2016, Debowale appeared before the immigration court in
York, Pennsylvania, for the first hearing in his removal
proceedings. (Doc. 10- 8, Adjournment History). Debowale
argued that he was not subject to § 1226(c) mandatory
detention. (Doc. 10-9, Order of the Immigration Judge with
Respect to Custody). The immigration judge denied his
request. (Id.). The master calendar hearing was
continued to July 11, 2016 to allow Debowale the opportunity
to obtain legal counsel. (Id.). The immigration
judge set an individual hearing for September 27, 2016 to
allow ICE needed additional time to provide records and a
fingerprint check. (Id.).
20, 2016, Debowale appealed the immigration judge's
determination that he was subject to mandatory detention and
was not entitled to an individualized bond hearing. (Doc.
10-7, p. 1). ICE did not file a brief in opposition. (Doc.
10-10, Decision of the Board of Immigration Appeals). On
September 6, 2016, the Board of Immigration Appeals
("BIA") affirmed the immigration judge's
immigration judge continued the September 27, 2016 hearing to
October 25, 2016. On October 25, 2016, the immigration judge
found Debowale inadmissible as charged and ordered him
removed to Nigeria. (Doc. 10-11, Order of the Immigration
Judge). The immigration judge also denied Debowale's
applications for relief, including a request for a waiver of
inadmissibility under Section 212(h) of the Immigration and
Nationality Act, 8 U.S.C. § 1182(h). (Id.). On
November 8, 2016, Debowale appealed the immigration
judge's decision to the Board of Immigration Appeals.
(Doc. 1, p. 4). On April 6, 2017, the BIA remanded the record
to the immigration judge to clarify the basis for
removability. (Doc. 12).
7, 2017, the immigration judge issued an order dismissing
Debowale's charges of removability and granting his