United States District Court, D. Minnesota
Augustin B., pro se Petitioner.
Friedrich A. P. Siekert, Esq., Assistant United States
Attorney, counsel for Respondents.
REPORT and RECOMMENDATION AND ORDER
R. THORSON, UNITED STATES MAGISTRATE JUDGE.
petition for a writ of habeas corpus under 28 U.S.C. §
2241, Petitioner Augustin B. requests release from
immigration detention pending his removal from the United
States. (Doc. No. 1, Habeas Pet.) For the reasons stated
below, this Court recommends that Petitioner's action be
December 14, 2000, Petitioner was admitted into the United
States at New York, New York, as a B-1 Visitor. (Doc. No. 8,
Declaration of Richard Pyrd (“Pyrd Decl.”) ¶
6.) Petitioner entered the country with a Mali passport
issued to an individual named Lassine Kone. (Id.)
years later, Petitioner attempted to adjust his status to
lawful permanent resident based on his I-485 application and
a visa petition filed by his then wife, Jamie Nash.
(Id. ¶ 7.) The United States Citizenship and
Immigration Services (“USCIS”) denied the I-485
and the visa petition. (Id. ¶¶ 7-9.)
October 28, 2005, USCIS issued a Notice to Appear
(“NTA”) in removal proceedings under Section 240
of the Immigration and Nationality Act to Petitioner a/k/a
Lassine Kone. (Id. ¶ 10, Ex. A.) Petitioner was
charged as removable as an alien present in the United States
in violation of the Immigration and Nationality Act and
because he failed to maintain the nonimmigrant status under
which he had been admitted. (Id.)
November 21, 2005, ICE arrested Petitioner in Boulder,
Colorado, and reserved the previously issued NTA in person.
(Id. ¶ 11, Ex. A at 2.) On December 27, 2005,
an immigration judge in Denver ordered Petitioner (under the
alias Kone) removed from the United States to Mali.
(Id. ¶ 12, Ex. B.) Petitioner filed an appeal
with the Board of Immigration Appeals (“BIA”).
(Id. ¶ 12, Ex. C.) On January 3, 2006, ICE
Enforcement and Removal Operations (“ERO”)
released Petitioner and placed him on the Intensive
Supervision Appearance Program (“ISAP”) while his
appeal with the BIA was pending. (Id. ¶ 13.)
28, 2007, the BIA dismissed Petitioner's appeal.
(Id. ¶ 14, Ex. D.) With the BIA decision,
Petitioner's removal order became administratively final,
and on July 20, 2007, ERO Denver arrested Petitioner and
terminated his participation in the ISAP program.
(Id. ¶ 15.)
again tried to adjust his status to that of a lawful
permanent resident. On October 2, 2007, USCIS received a
Petition for Alien Relative, Form I-130, submitted by
Katherine Knight, as the second wife and on behalf of
Petitioner (using the alias Lassine Kone). (Id.
¶ 16.) On October 10, 2007, ERO Denver released
Petitioner on an Order of Supervision pending a decision on
the I-130. (Id. ¶ 17.) On November 20, 2008,
USCIS denied Katherine Knight's I-130 petition on behalf
of Petitioner. (Id. ¶ 18.)
10, 2009, ERO Denver, through its sub-office in Grand
Junction, Colorado (“ERO Grand Junction”),
fingerprinted Petitioner after receiving intelligence that
Petitioner was using the identity of Lemen Tounkara, an
Algerian citizen. During questioning, Petitioner admitted to
ERO officers that his true name was Augustin B., a native and
citizen of Guinea. Petitioner also admitted he gained his
original admission to the United States using a fraudulent
B-1 visa in conjunction with a real Mali passport that was
not his. Petitioner further admitted his father and mother
both were natives and citizens of Guinea. Petitioner admitted
he did not have a fear of persecution or torture if he were
to be removed from the United States. Accordingly, ERO Grand
Junction revoked Petitioner's Order of Supervision and
detained him in immigration custody. (Pyrd Decl. ¶ 19,
Exs. E and F.)
11, 2009, ERO officers in ERO Grand Junction allowed
Petitioner to call his mother. Petitioner claimed his
mother's name was Odile Keita, a citizen and national of
Guinea, who was residing in Conakry, Guinea. ERO officers
also allowed Petitioner to call the Embassy of Guinea.
(Id. ¶ 20.)
30, 2009, Petitioner confirmed in a sworn statement to ERO
officers that his true name was Augustin B; he was born on
April 25, 1979, in Conakry, Guinea; he was a citizen and
national of Guinea; he was admitted on a visitor visa in New
York; and he had no fear of persecution or ...