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Abdiwali M. A v. Secretary Homeland Security

United States District Court, D. Minnesota

April 17, 2019

Abdiwali M. A., Petitioner,
v.
Secretary Homeland Security; William Barr, Attorney General;[1] 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);

          Ana H. Voss and Ann M. Bildtsen, Assistant United States Attorneys, United States Attorney's Office, (for Respondents Secretary Homeland Security, William Barr, and Scott Baniecke); and

          David John Walker, County Attorney, Freeborn County Attorney's Office, Freeborn County Government Center, (for Respondent Kurt Freitag).

          REPORT & RECOMMENDATION

          TONY N. LEUNG UNITED STATES MAGISTRATE JUDGE.

         I. INTRODUCTION

         This 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 dismissed.

         II. BACKGROUND

         Petitioner 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.

         A. 2008 Removal Order

         In 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.

         B. 2012 Citizenship Application

         In 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.

         C. 2017 Arrest & Immigration Proceedings

         In 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. 11.

         While a 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. ...


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