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Akoi S. v. Secretary of Homeland Security

United States District Court, D. Minnesota

March 7, 2019

Akoi S., Petitioner,
v.
Secretary of Homeland Security; Jefferson Sessions, Attorney General; Scott Banieke, ICE Field Director; and Kurt Freitag; Respondents.

          REPORT AND RECOMMENDATION

          HILDY BOWBEER UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 filed by Petitioner Akoi S. [Doc. No. 1]. For the reasons that follow, the Court recommends that the Petition be dismissed without prejudice.

         I. Background

         A. Petitioner's Citizenship and Immigration Status

         Petitioner is a citizen and national of Liberia who entered the United States on September 25, 2015, and was admitted as a Lawful Permanent Resident. (McPherson Decl. ¶ 4, Akoi v. DHS/ICE, No. 18-cv-3021 (WMW/HB) (D. Minn. Dec. 6, 2018), ECF No. 12 (hereinafter “McPherson Decl.”).)

         B. Petitioner's Criminal History

         On July 11, 2016, Petitioner was convicted in Hennepin County District Court of domestic assault, in violation of Minn. Stat. § 609.2242, subd. 1(1). (McPherson Decl. ¶ 5, Ex. 3.) Petitioner was sentenced to 90 days. (McPherson Decl. ¶ 5, Ex. 3.) On December 22, 2017, Petitioner was convicted in Hennepin County District Court for violating an order for protection in violation of Minn. Stat. § 518B.01, subd. 14(b). (McPherson Decl. ¶ 6, Ex. 3.) He again was sentenced to 90 days. (McPherson Decl. ¶ 6, Ex. 3.) On February 6, 2018, Petitioner entered a plea of guilty in Hennepin County District Court for violating two or more orders for protection within ten years, in violation of Minn. Stat. § 518B.01, subd. 14(d)(1). (McPherson Decl. ¶ 7, Ex. 3.)

         C. The Removal Proceedings

         Immigration officials commenced removal proceedings against Petitioner in early February 2018. On February 6, 2018, immigration officials arrested Petitioner at the Hennepin County Jail and booked him into the Carver County Jail. (McPherson Decl. ¶ 8., Ex. 4.) The following day, immigration officials served Petitioner with a Notice to Appear, charging him as removable under 8 U.S.C. § 1227(a)(2)(E)(ii) as an alien who had been enjoined under an order for protection and who had violated the order. (McPherson Decl. ¶ 9, Ex. 1.)

         An Immigration Judge (“IJ”) conducted several hearings in connection with Petitioner's removal. On February 20, 2018, an IJ held a bond hearing. (McPherson Decl. ¶ 10.) Petitioner requested a continuance to find an attorney, and the IJ granted a continuance and reset the hearing for March 5, 2018. (McPherson Decl. ¶ 10.) On February 22, 2018, the IJ held a “master hearing, ” at which Petitioner again requested a continuance to find an attorney. (McPherson Decl. ¶ 11.) The IJ granted the request and rescheduled the master hearing for March 15, 2018. (McPherson Decl. ¶ 11.) At the March 5, 2018, bond hearing, the IJ denied Petitioner bond, and the parties waived an appeal. (McPherson Decl. ¶ 12, Ex. 5.)

         On March 15, 2018, the IJ convened the merits hearing in Petitioner's case, took testimony, and admitted documents into evidence. (McPherson Decl. ¶ 13, Ex. 6.) The IJ issued a decision in Petitioner's case on May 8, 2018, ordering Petitioner removed to Liberia. (McPherson Decl. ¶ 14, Ex. 6.) Petitioner's applications for relief from removal, including voluntary departure, asylum, withholding of removal, and relief under the Convention Against Torture were all denied. (McPherson Decl. ¶ 14, Ex. 6.)

         Petitioner appealed the IJ's decision to the Board of Immigration Appeals (“BIA”). (McPherson Decl. ¶ 15.) On July 18, 2018, the BIA provided notice of the briefing schedule and granted both parties until August 8, 2018, to submit briefs. (McPherson Decl. ¶ 15, Ex. 7.) On October 3, 2018, the BIA affirmed the IJ's decision and sustained the charge of removability against Petitioner. (McPherson Decl. ¶ 16, Ex. 8.) The BIA also denied all of Petitioner's claims for relief and ordered his removal to Liberia. (McPherson Decl. ¶ 16, Ex. 8.)

         With a final order of removal in place, immigration officials moved to implement the removal of Petitioner to Liberia. On October 16, 2018, immigration officials issued Petitioner a Warrant of Removal/Deportation. (McPherson Decl. ¶ 17, Ex. 9.) The next day, immigration officials sent Petitioner a Warning for Failure to Depart (McPherson Decl. ¶ 18, Ex. 10), and a Notice to Alien of File Custody Review, stating that Petitioner's detention would be administratively reviewed on or about January 1, 2019 (McPherson Decl. ¶ 19, Ex. 11). Immigration officials simultaneously sent a formal request to the Liberian Embassy in Washington, D.C., for travel documents for Petitioner.

         (McPherson Decl. ¶ 20.)

         D. The ...


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