United States District Court, M.D. Pennsylvania
D. Marlani, United States District Judge
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
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).
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.).
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).
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
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.
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
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)
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 a
court orders a stay of the removal of the alien, the date of