Adan v. Sessions

          Kimberly K. Hunter and John R. Bruning, Kim Hunter Law, PLLC, Counsel for Petitioner.

          Craig 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

         I. INTRODUCTION

         This 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.

         II. BACKGROUND

         A. Factual Background

         Petitioner 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.)

         Adan 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.)

         On October 25, 2002, the Board of Immigration Appeals (“BIA”) summarily affirmed that decision. (Pet. Ex. I, BIA Decision.)

         Adan 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.)

         In 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.)

         On 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.)

         B. ...