Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Osei v. Lowe

United States District Court, M.D. Pennsylvania

May 31, 2018

KWARTENG PRINCE OSEI, Petitioner
v.
CRAIG A. LOWE, Respondent

          MEMORANDUM

          Robert D. Mariani United States District Judge.

         I. Introduction

         Petitioner, a detainee of the Immigration and Customs Enforcement ("ICE"), currently confined in the Pike County Prison, Lords Valley, Pennsylvania, filed the above captioned petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1, petition). Petitioner challenges his continued detention by ICE. Id. Because Petitioner's ninety (90) day removal period has yet to expire, the petition will be dismissed as premature.

         II. Background

         On March 17, 2008, Petitioner, Kwarteng Prince Osei, a native and citizen of Ghana, was admitted to the United States, at New York, New York, as a nonimmigrant temporary visitor for pleasure, class B2, with authorization to remain in the United States for a temporary period not to exceed September 16, 2008. (Doc. 8-1, Notice to Appear). Osei remained in the United States beyond September 16, 2008, without authorization from the Immigration and Naturalization Service, or its successor, the Department of Homeland Security. Id.

         On September 13, 2016, Osei was convicted in the United States District Court for the Eastern District of Pennsylvania, under docket number 2:15-CR-0378, for the offenses of Access Device Fraud, a violation of 18 U.S.C. §§ 1029(a)(2) and 1029(b)(1) and Possession of 15 or More Unauthorized Access Devices, a violation of 18 U.S.C. §§ 1029(a)(3) and 1029(C)(1)(a)(i). Id. Osei was sentenced to a term of incarceration of one year and one day. Id. As a result of this arrest and conviction, immigration officials were able to identify Petitioner as an individual who was now illegally in the United States, and, on August 15, 2017, charged him as removable from the United States pursuant to the Immigration and Nationality Act (INA) § 237(a)(1)(B) for remaining in the United States longer than permitted, and INA § 237(a)(2)(A)(iii) due to his conviction of an aggravated felony. Id.

         On September 1, 2017, immigrations officials served Osei with a Warrant for Arrest and he was taken into ICE custody. (Doc. 8-1 at 14, Warrant for Arrest of Alien). Osei requested that an immigration judge review his custody determination. (Doc. 8-1 at 15, Notice of Custody Determination).

         On September 14, 2017, Osei appeared before an immigration judge for a master calendar hearing. (Doc. 8-1 at 12, Declaration of Anthony Covington, Deportation Officer). The hearing was adjourned to allow Osei to retain counsel. Id.

         On September 19, 2017, the Office of Chief Counsel filed evidence. Id.

         Although the immigration judge re-scheduled the master calendar hearing for October 12, 2017, Osei moved for a continuance, which the Court granted. Id.

         At the next master calendar hearing, held on November 2, 2017, pleadings were taken and Osei indicated that he intended to seek adjustment. Id.

         On December 12, 2017, the date of the next master calendar hearing, the immigration judge advised Osei that the Court still needed medical and financial documents from him. Id. The Immigration Judge scheduled Osei's merits hearing for February 20, 2018. Id.

         On February 13, 2018, the immigration judge denied Osei's motion for a continuance of his merits hearing, noting that Osei still had not provided the requested medical and financial information. Id. The February 20, 2018 merits hearing resulted in a continuance due to Osei's counsel failing to appear. Id.

         On April 17, 2018, the immigration conducted Osei's merits hearing. (Doc. 8-1 at 7, Order). The immigration judge denied Osei's Waiver under INA § 212(h) and denied his application for adjustment of status under INA § 245(a). Id. In addition, Osei was ordered removed from the United States to Ghana. Id. Osei reserved his right to appeal the April 17, 2018 Order. Id. However, on May 1, 2018, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.