United States District Court, M.D. Pennsylvania
D. Mariani United States District Judge.
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.
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
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
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).
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.
September 19, 2017, the Office of Chief Counsel filed
the immigration judge re-scheduled the master calendar
hearing for October 12, 2017, Osei moved for a continuance,
which the Court granted. Id.
next master calendar hearing, held on November 2, 2017,
pleadings were taken and Osei indicated that he intended to
seek adjustment. Id.
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.
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.
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, ...