United States District Court, D. Minnesota
S. Doty, Judge
matter is before the court upon petitioner Mark Williams'
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. Based on a review of the file, record, and
proceedings herein, and for the following reasons, the
petition is denied.
October 12, 1997, Williams entered the United States through
the port of New Orleans. Siekert Decl. Ex. A at 2. Williams
arrived as a stowaway aboard the M/V Princess Margarita and
did not have identification. Id. In his initial
immigration interviews, Williams claimed that he was born on
March 16, 1977, in Liberia and was a Liberian citizen.
Id. at 3, 5. He further stated that his parents, Sam
and Lucy Williams, were also Liberian citizens from Monrovia
and that he and his family spoke Krahn and English.
Id. at 5. Williams claimed that he attended the
Maryland primary school in Monrovia from 1984 through 1989.
Id. at 5, 15. Williams claimed that his last
permanent Liberian address was 021 Bensons Street, Monrovia.
Id. at 15.
October 21, 1997, Williams applied for asylum, claiming that
his life was in danger in Liberia and that the Charles Taylor
government had murdered members of his family in 1994 because
of his father's political activities. Id. at 8.
On January 16, 1998, the Immigration Judge (IJ) granted
Williams' request for asylum. Id. at 20.
has an extensive criminal history. Id. at 177-78. On
October 17, 2007, Williams was convicted in North Dakota of
gross sexual imposition (GPI) and sentenced to ten years in
prison. Id. at 178. On June 28, 2008, Williams
provided a sworn statement to federal immigration officials
identifying his father as Benjamin, not James, Williams.
Id. at 69. On August 25, 2008, the IJ reopened
Williams' asylum proceeding because the GPI conviction
rendered him ineligible for asylum status. Id. at
January 30, 2014, Williams provided another sworn statement
representing that his parents were from Todee Town and Bomi
County, Liberia, not Monrovia. Id. at 85. Williams
also claimed that before leaving Liberia, his permanent
address was 2100 Johnson Street, not 021 Bensons Street,
Monrovia. Id. On March 4, 2014, Williams completed
his GPI sentence and was transferred from state criminal
custody to federal immigration custody. Id. at 94;
see also Miner Decl. ¶ 32.
2, 2014, the IJ denied Williams' renewed request for
asylum and his additional requests for withholding of removal
and deferral of removal under the convention against torture.
Siekert Decl. Ex. A at 149. The same day, the IJ ordered
Williams removed from the United States. Id.
9, 2014, federal immigration officials contacted the Liberian
Embassy to process Williams' removal. Id. at
150. However, the Liberian Embassy was not processing
repatriation requests at that time. Miner Decl. ¶ 34. On
September 16, 2014, federal immigration officials released
Williams on supervision conditions because there did not
appear to be a significant likelihood of his removal to
Liberia in the foreseeable future. Id. ¶ 35;
see also Siekert Decl. Ex. A at 160.
16, 2016, Williams was convicted in North Dakota of failure
to register as a sex offender and sentenced to 245 days in
prison. Siekert Decl. Ex. A at 177. On March 28, 2016,
Williams was convicted in North Dakota of disorderly conduct
and sentenced to 360 days in prison. Id.
February 15, 2018, Williams was transferred from state
criminal custody to federal immigration custody, where he
remains. Miner Decl. ¶ 40. On May 16, 2018, federal
immigration officials notified Williams that he would remain
in immigration detention until removed from the United States
because he was a community threat. Siekert Decl. Ex. A at
2018, federal immigration officials learned that the Liberian
Embassy was processing repatriation requests for Liberian
citizens, even if the Liberian citizen never held a Liberian
passport. Miner Decl. ¶ 41. On July 19, 2018, Williams
was interviewed by the Liberian Embassy. Id. On
August 14, 2018, the Liberian Embassy informed federal
immigration officials that it would not issue a travel
document at that time because Williams had tribal scars not
often found in Liberia and he did not know various common
facts about Liberia. Id. ¶ 42. The Liberian
Embassy opined that Williams may be from Nigeria.
Id. To date, the Liberian government has not issued
a final order denying Williams a travel document.
Id. On October 3, 2018, the Nigerian Consulate
advised federal immigration officials that there is no
evidence that Williams was Nigerian and that it would not
conduct an interview or entertain a travel document request.
Id. ¶ 48.
October 5, 2018, Williams told federal immigration officials
that he actually had never attended the Maryland primary
school in Monrovia and did not speak Krahn. Id.
¶ 52. Williams also stated that his family had
intentionally scarred him for his protection and
identification in the event that he was separated from them.
Siekert Decl. Ex. A at 191.
same day, federal law enforcement officials listened to two
recorded jail-house telephone calls Williams placed from the
Sherburne County Jail to an unknown women and his son. Miner
Decl. ¶ 54. Williams told the women that federal
immigration officials will not be able to deport him because
he was a stowaway on a ship and there are no documents
establishing his Liberian citizenship. Id. Williams
told his son that federal immigration officials are