United States District Court, D. Minnesota
Abdiwali M. A., Petitioner,
Secretary Homeland Security; William Barr, Attorney General; Scott Baniecke, ICE Field Office Director; and Kurt Freitag, Freeborn County Sherriff, Respondents.
Abdiwali M. A., A071-661-112, Freeborn County Adult Detention
Center, (pro se Petitioner);
Voss and Ann M. Bildtsen, Assistant United States Attorneys,
United States Attorney's Office, (for Respondents
Secretary Homeland Security, William Barr, and Scott
John Walker, County Attorney, Freeborn County Attorney's
Office, Freeborn County Government Center, (for Respondent
REPORT & RECOMMENDATION
N. LEUNG UNITED STATES MAGISTRATE JUDGE.
matter comes before the Court on Petitioner Abdiwali M.
A.'s Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2241 (“Petition”). Pet., ECF No. 1. This
matter has been referred to the undersigned for a Report and
Recommendation to the Honorable Donovan W. Frank, District
Judge for the United States District Court for the District
of Minnesota, pursuant to 28 U.S.C. § 636 and D. Minn.
LR 72.1. For the reasons that follow, the Court recommends
that the Petition be denied as moot and this action be
is a native and citizen of Somalia. Ex. 1 to Decl. of Angela
Minner, ECF No. 7-1. Petitioner entered the United States in
1996 as a refugee and subsequently became a lawful permanent
resident. Minner Decl. ¶¶ 4-5, ECF No. 7;
see Exs. 1, 4, 5 to Minner Decl., ECF No. 7-1. In
2006, Petitioner was convicted of facilitation of aggravated
robbery and sentenced to a five-year term of imprisonment by
the Davidson County Court in Nashville, Tennessee. Minner
Decl. ¶ 6; Ex. 2 to Minner Decl., ECF No. 7-1.
2008 Removal Order
2008, Immigration and Customs Enforcement (“ICE”)
arrested Petitioner and served him with a Notice to Appear in
removal proceedings. Minner Decl. ¶ 7; Ex. 1.
An immigration judge ordered Petitioner removed to Somalia in
October. Minner Decl. ¶ 8; Ex. 3 to Minner
Decl., ECF No. 7-1. In February 2009, however, ICE released
Petitioner because there was “no significant likelihood
of his removal to Somalia in the reasonably foreseeable
future.” Minner Decl. ¶ 9.
2012 Citizenship Application
2012, Petitioner applied for citizenship, asserting that his
birth year was one year later than was reflected in his
immigration documents. See Minner Decl.
¶ 10; Ex. 4. Petitioner's application was
denied because no documents existed that reflected the
alleged later birth year. Ex. 4. There is no record of
Petitioner appealing that denial. Minner Decl. ¶ 10.
2017 Arrest & Immigration Proceedings
March 2017, ICE arrested Petitioner based upon the likelihood
of obtaining a travel document from Somalia and due to
Petitioner's recent arrest in Hennepin County, Minnesota,
on a warrant for terroristic threats. Minner Decl.
travel document request for Petitioner was pending with the
Embassy of Somalia, Petitioner sought to reopen his removal
proceedings. Minner Decl. ¶¶ 12-13, 19.
Petitioner's motion to reopen was denied as was a motion
for reconsideration and he appealed to the Board of
Immigration Appeals. Minner Decl. ...