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Morillo v. Lowe

United States District Court, M.D. Pennsylvania

May 1, 2018

KELVIN RICARDO MOLINA MORILLO, Petitioner
v.
CRAIG A. LOWE, Respondent

          MEMORANDUM

          Robert D. Marlani, United States District Judge

         Petitioner, Kelvin Ricardo Molina Morillo, 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). Petitioner challenges his continued detention by ICE pending removal. [Id.). Petitioner seeks release from custody. (Id. at p. 10). For the reasons set forth below, the Court will deny the habeas petition.

         I. Background

         Petitioner, a native and citizen of the Dominican Republic, was admitted to the United States in 1993 as a lawful permanent resident. (Doc. 8-1, pp. 3-6, Record of Deportable/ Inadmissible Alien; Doc. 8-1, pp. 7-9, Notice to Appear).

         On December 14, 2015, Petitioner was convicted of criminal possession of a forged instrument in the second degree, and bribery in the third degree. (Doc. 8-1, p. 9, Notice to Appear). Petitioner was sentenced to a term of imprisonment of one year or more. (Id.).

         On April 1, 2016, based on Petitioner's conviction, ICE commenced removal proceedings against him charging him as removable from the United States pursuant sections 237(a)(2)(A)(ii) and 237(a)(2)(A)(iii) of the Immigration and Nationality Act ("INA") for his commission of two crimes involving moral turpitude and an aggravated felony relating to a bribery conviction. (Doc. 8-1, pp. 7-9, Notice to Appear). On April 25, 2017, Additional Charges of Inadmissibility/ Removability were lodged against Petitioner pursuant to INA § 237(A)(2)(A)(ii) based on an aggravated felony conviction involving fraud or deceit in which the loss to the victim exceeds $10, 000.00. (Doc. 8-1, p. 10, Additional Charges of Inadmissibility/ Deportability).

         On October 31, 2017, an Immigration Judge ordered Petitioner removed from the United States and denied his applications for relief from removal. (Doc. 8-1, p. 11, Order of the Immigration Judge).

         Petitioner appealed the Immigration Judge's decision to the Board of Immigration Appeals ("BIA"). (Doc. 8, p. 3). On April 6, 2018, the BIA dismissed Petitioner's appeal. (Id.).

         On April 16, 2018, Petitioner filed a petition for review before the Third Circuit Court of Appeals. (Doc. 8-1, pp. 12-15, Docket for Molina Morillo v. Att'y Gen., No. 18-1839 (3d Cir.)). There is no stay in place to prevent immigration officials from effecting Petitioner's removal. [Id.).

         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) specifically provides:

         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 a court orders a stay of the removal of the alien, the date of ...

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