United States District Court, D. Minnesota
A. Jarvis, Marcus-Jarvis Law Limited, for Petitioner.
Voss, United States Attorney's Office, for Respondents.
MEMORANDUM OPINION AND ORDER
RICHARD NELSON, UNITED STATES DISTRICT JUDGE.
matter is before the Court on Petitioner Mark Lawrence
Davies's Petition for Writ of Habeas Corpus [Doc. No. 1]
(“Habeas Pet.”) and Motion seeking declaratory
and injunctive relief [Doc. No. 4] (“Motion for
Preliminary Injunction”). For the reasons stated below,
Petitioner's Motion for Preliminary Injunction is denied
and his Habeas Petition is dismissed without prejudice.
is a citizen and national of Liberia who entered the United
States in 2006, as a derivative to his mother's Diversity
Visa. (Ligon Decl., Ex. 1 [Doc. No. 15-1], at 4; Habeas Pet.,
at 4.) Petitioner subsequently adjusted his status to lawful
permanent resident. (Habeas Pet., at 3; Resp. to Pet. for
Writ of Habeas Corpus [Doc. No. 14] (“Resp.”), at
April 5, 2016, Petitioner pleaded guilty to one count of
domestic violence assault under North Dakota law. (Ligon
Decl., Ex. 1, at 15.) A North Dakota District Court sentenced
him to time-served and probation, and placed him under a
no-contact order. (Id. at 10, 17.) On April 13,
2016, Petitioner pleaded guilty to violating the no-contact
order. (Id. at 17.) Again he was sentenced to
time-served and probation. (Id.)
basis of these crimes, the Government began removal
proceedings in January, 2017. Petitioner has been detained
pending removal proceedings since January 20, 2017.
(Id. at 5-8.) Initially, bond was set at $10, 000,
and Petitioner moved for a bond redetermination.
(Id. at 35.) The immigration judge denied the
motion, finding that Petitioner was detainable under 8 U.S.C.
§ 1226(a), which provides for nonmandatory detention
during removal proceedings. (Id.) The judge revoked
the $10, 000 bond. (Id.) Petitioner did not appeal
months later, Petitioner obtained new counsel and again moved
for bond redetermination. (Id.) On August 9, 2017,
an immigration judge determined that Petitioner was subject
to mandatory detention under 8 U.S.C. § 1226(c), because
of two convictions involving controlled substances on his
record. (Id. at 34-36.) The judge held that
Petitioner was ineligible for bond under 8 U.S.C. §
1226(c). (Id.) Petitioner appealed to the Board of
Immigration Appeals, and that appeal is pending. (Habeas
Pet., at 6.)
Petitioner underwent removal proceedings. On April 12, 2017,
an immigration judge ordered him removed to Liberia. (Ligon
Decl., Ex. 1, at 19.) Petitioner filed an appeal to the Board
of Immigration Appeals. (Id. at 20-22.) In an order
dated June 27, 2017, the Board determined that a portion of
the transcript from the merits hearing was missing and
remanded the case for further proceedings. (Id. at
25.) On remand, Petitioner was again adjudicated removable.
(Id. at 26.) Petitioner filed an appeal with the
Board of Immigration Appeals on August 22, 2017.
(Id. at 28-31.)
his second motion for bond redetermination was denied,
Petitioner filed this Petition for Writ of Habeas Corpus and
Motion for Preliminary Injunction. He asserts that his
continued detention is unreasonable and violates his due
process rights, and that the immigration judge applied the
wrong legal standard to decide that he was subject to
mandatory detention under 8 U.S.C. § 1226(c).
Judicial Review of Immigration Detention ...