United States District Court, D. Minnesota
Kimberly K. Hunter and John R. Bruning, Kim Hunter Law, PLLC,
Counsel for Petitioner.
R. Baune, Ana H. Voss, and Ann M. Bildtsen, United States
Attorney's Office, Counsel for Respondents.
MEMORANDUM OF LAW & ORDER
Michael J. Davis United States District Court
matter is before the Court on Petitioner Maxamed Adan's
Emergency Motion for Temporary Restraining Order and Stay of
Removal. [Docket No. 4] The Court heard oral argument on
December 4, 2017. Because this Court is without jurisdiction,
Adan's motion must be denied.
Maxamed Adan is a citizen of Somalia. (Pet. Ex. I, IJ
Decision at 1.) On March 1, 1998, Adan entered the United
States without documentation by crossing the border from
Mexico with the help of a paid smuggler of undocumented
persons. (Id.; O'Denius Decl. ¶ 5; IJ
Decision at 1.)
applied for asylum in 1998, based upon his clan membership.
(IJ Decision at 2, 8.) An immigration judge
(“IJ”) ordered Adan removed on July 30, 1998.
(Id. at 1, 15.) The IJ opined that Adan had not been
persecuted “on account of” his clan affiliation
or political activity but that he had been a victim of civil
strife. (IJ Decision at 13.)
October 25, 2002, the Board of Immigration Appeals
(“BIA”) summarily affirmed that decision. (Pet.
Ex. I, BIA Decision.)
regularly reported to U.S. Immigration and Customs
Enforcement (“ICE”) under an order of
supervision. (Pet. Ex. H, Adan Decl. ¶ 6.) On March 19,
2017, Adan went to the Canadian border to request asylum
because he feared being removed to Somalia, was returned to
the U.S., and given a ride back to Grand Forks by U.S. border
patrol officers. (Id. ¶ 12.) Adan avers that a
U.S. border patrol officer told him that “no one is
going to deport you.” (Id. ¶ 13.)
September 2017, Adan appeared for a regular ICE check in and
was taken into custody. (Adan Decl. ¶ 6; O'Denius
Decl., Exs. E-F.) On September 28, ICE transferred Adan to a
facility in Iowa. (O'Denius Decl. ¶ 15.) On November
28, ICE moved Adan to custody in Louisiana for removal to
Somalia. (Id. ¶ 19.) He is expected to be
removed on December 7, 2017. (Id.)
November 24, 2017, Adan filed a motion to reopen his case
before the BIA. (Pet. Ex. D, Hunter Decl. ¶ 2; Pet. Ex.
F, Motion to Reopen; Pet. Ex. G, I-589 Application.) Also on
that date, Adan filed a motion to stay his removal. (Pet. Ex.
D, Hunter Decl. ¶ 2; Pet. Ex. J, Motion for Stay of
Removal.) Neither motion has yet been ruled on. (Pet. Ex. D,
Hunter Decl. ¶ 3.) On November 30, ICE denied a request
for an administrative stay. (Id. ¶ 4.)