United States District Court, D. Minnesota
Abdirizak S., Freeborn County Adult Detention Center, pro se
Voss, Ann M. Bildtsen, and Pamela Marentette, United States
Attorney's Office, for Respondents Secretary of Homeland
Security, Matthew Whitaker, and Peter Berg
John Walker, Freeborn County Attorney's Office, for
Respondent Kurt Freitag
REPORT AND RECOMMENDATION
BOWBEER, UNITED STATES MAGISTRATE JUDGE.
November 19, 2018, Petitioner filed a Petition for Writ of
Habeas Corpus under 28 U.S.C. § 2241, challenging his
custody by U.S. Immigration and Customs Enforcement
(“ICE”). (See Pet. [Doc. No. 1].) For
the reasons set forth below, the Court recommends that the
Petition be dismissed for lack of jurisdiction in part,
denied as moot in part, and denied without prejudice in part.
Petitioner's Personal Background
is a thirty-six year-old native and citizen of Somalia, who
was admitted to the United States as a refugee in 2001. (Pet.
Ex. 1 at 2 [Doc. No. 2]; Voss Decl. Ex. A at 6, 19 [Doc. No.
8-1].) Petitioner has resided in Minneapolis,
Minnesota, since his arrival in the United States, and on
March 15, 2005, he became a lawful permanent resident. (Pet.
Ex. 1 at 3; Voss Decl. Ex. A at 21.) In 2012, Petitioner
applied for naturalization through the United States
Citizenship and Immigration Services, but was denied. (Resp.
at 2 [Doc. 7].)
Removal Proceedings and Supervised Releases
Petitioner's Application for Naturalization was denied,
he was taken into ICE custody on September 17, 2012, and
ordered removed by an immigration judge on May 2, 2013.
(Resp. at 2; Voss Decl. Ex. A at 21.) Petitioner appealed
this decision to the Board of Immigration Appeals, which
remanded the case to the immigration judge for further
proceedings. (Resp. at 2; Voss Decl. Ex. A at 21.) The
immigration judge ordered Petitioner removed from the United
States, but granted Petitioner's application for
withholding of removal to Somalia. (Resp. at 2; Voss Decl.
Ex. A at 21.)
March 7, 2014, Petitioner was released from ICE custody on an
order of supervision. (Voss Decl. Ex. A at 4.) During this
period of release, Petitioner was charged and convicted of
Simple Robbery in Hennepin County District Court, and was
later taken back into ICE custody on February 24, 2017.
(Resp. at 3; Voss Decl. Ex. A at 7-8.) Petitioner appealed
his Simple Robbery conviction on April 26, 2017, to the
Minnesota Court of Appeals. (Voss Decl. Ex. A at 76.) On
August 31, 2017, Petitioner was again released from ICE
custody, though that release was revoked on December 14,
2017, after Petitioner failed to report to an ICE field
office and was arrested for disorderly conduct and providing
false information to police. (Voss Decl. Ex. A at 13.) After
a brief detention, Petitioner was released from ICE custody
with GPS monitoring on January 10, 2018. (Voss Decl. Ex. A at
14-15.) The Minnesota Court of Appeals affirmed
Petitioner's Simple Robbery Conviction on March 5, 2018,
and Petitioner's release was revoked a final time on
March 8, 2018. (Voss Decl. Ex. A at 16-23.) Petitioner has
remained in ICE custody since March 8, 2018.
Final Order for Removal and Habeas Petition
March 9, 2018, the Department of Homeland Security filed a
motion to reopen proceedings and deny withholding of removal
in Petitioner's immigration proceedings. (Voss Decl. Ex.
A at 24.) The motion was granted on March 26, 2018, and on
June 27, 2018, an immigration judge ordered Petitioner
removed to Somalia, denying all relief requested. (Voss Decl.
Ex. A at 85-87, 88-89.) Petitioner appealed this decision to
the Board of Immigration Appeals on July 9, 2018. (Voss Decl.
Ex. A at 94-99.)
November 19, 2018, Petitioner filed the instant Petition.
Petitioner is challenging his detention in the custody of
ICE, asserting that his “prolonged and continued
detention is unreasonable, and violates [Petitioner's]
substantive and due process rights under the Due Process
Clause of the Firth Amendment ...