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Hlali v. Doll

United States District Court, M.D. Pennsylvania

December 20, 2017

ABDELMONAEM HLALI Petitioner
v.
CLAIRE DOLL[1] Respondent

          MEMORANDUM

          CHRISTOPHER C. CONNER, CHIEF JUDGE

         Petitioner Abdelmonaem Hlali (“Hlali”) a detainee of the United States Immigration and Customs Enforcement (“ICE”) currently confined in the York County Prison York Pennsylvania filed the instant petition for writ of habeas corpus pursuant to 28 USC § 2241 (Doc 1) Hlali challenges his continued detention by ICE pending removal (Id.) He requests that the court grant his immediate release under $100 bond or order a bail reduction hearing before an immigration judge (Id. at 4) For the reasons set forth below the court will deny the petition.

         I Immigration Proceedings

         On or about August 5 2000 Hlali a native and citizen of Tunisia was admitted to the United States as a B2 visitor for pleasure (Doc 9-1 at 10 Notice to Appear) On April 14 2009 his status was adjusted to lawful permanent resident (Doc 1 at 2; Doc 9-1 at 10 Notice to Appear)

         Hlali's removal proceedings involve claims for asylum withholding of removal and relief under the Convention Against Torture (“CAT”) because he fears persecution if returned to Tunisia based on his conversion from the Muslim faith to Christianity (Doc 9-1 at 13-21 Oral Decision of the Immigration Judge; Doc 9-1 at 22 Order of the Immigration Judge)

         On June 10 2016 Hlali was encountered by ICE at the Cumberland County Prison in Carlisle Pennsylvania subsequent to his contempt conviction for violation of an order or agreement (Doc 9-1 at 49 Decision of Custody Review) On October 21 2016 ICE officials served a Notice to Appear on Hlali indicating that he was subject to removal from the United States pursuant to § 237(a)(2)(E)(ii) of the Immigration and Nationality Act (“INA”) based on his violation of a protection from abuse order (Doc 9-1 at 8 Notice to Appear) He was taken into ICE custody on October 21 2016 (Doc 1 at 2; Doc 9-1 at 12 Notice of Custody Determination)

         On November 7 2016 an immigration judge denied Hlali's first motion for a bond redetermination (Doc 9-1 at 46 Order of the Immigration Judge with Respect to Custody)

         On December 14 2016 an immigration judge ordered Hlali removed from the United States but granted his application for withholding of removal (Doc 9-1 at 13-22 Decision and Order of the Immigration Judge) On January 13 2017 the Department of Homeland Security (“DHS”) appealed the decision of the immigration judge (Doc 9-1 at 23-26 Decision of the Board of Immigration Appeals)

         On January 31 2017 after granting withholding of removal in December 2016 the immigration judge ordered Hlali's release under $15 00000 bond (Doc 9-1 at 47 Order of the Immigration Judge with Respect to Custody)

         On May 8 2017 the Board of Immigration Appeals (“BIA”) considered the DHS' appeal of the immigration judge's December 14 2016 decision (Doc 9-1 at 23-26 Decision of the BIA) The BIA remanded the case to the immigration judge to consider additional evidence and testimony concerning the Tunisian government's current status with respect to issues involving the safety and freedom of individuals not of the Muslim faith (Id.)

         On June 1 2017 an immigration judge again ordered Hlali removed from the United States denied CAT relief but granted his application for withholding of removal (Doc 9-1 at 27-40 Oral Decision of the Immigration Judge; Doc 9-1 at 41 Order of the Immigration Judge) On June 12 2017 the DHS appealed the immigration judge's decision to grant withholding of removal (Doc 9-1 at 42 Notice of Appeal) That appeal remains pending before the BIA (Id.)

         On June 27, 2017, an immigration judge heard Hlali's third request for bond redetermination and ruled that Hlali failed to show a “material change of circumstance” since the initial bond hearing, as required under 8 C.F.R. § 1003.19(e). (Doc. 1-1, at 6).

         On July 12, 2017, the Field Office Director for the Office of Enforcement and Removal Operations informed Hlali of the decision to continue his detention pending the outcome of the government's appeal to the BIA. (Doc. 9-1, at 48-49, Decision to Continue Detention). The decision stated, “[s]hould the BIA dismiss the appeal, ICE will ...


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