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Mohamed D. v. Secretary Homeland Security

United States District Court, D. Minnesota

September 16, 2019

Mohamed D. Petitioner,
v.
Secretary Homeland Security; William P. Barr, Attorney General; Peter Berg, ICE Field Office Director; and Kurt Freitag, Freeborn County Sheriff, Respondents.

          Mohamed D., (pro se Petitioner)

          Ana H. Voss, Ann M. Bildtsen, and David W. Fuller, Assistant United States Attorneys, (for Respondents Secretary Homeland Security, Barr, and Berg)

          David John Walker, County Attorney, (for Respondent Freitag).

          REPORT & RECOMMENDATION

          Tony N. Leung United States Magistrate Judge

         I. INTRODUCTION

         This matter comes before the Court on Petitioner Mohamed D.'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 Wilhelmina M. Wright, 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 Ivory Coast. (ECF No. 1-1 at 3.) Petitioner initially entered the United States as a refugee in 2005. Id. In 2012, Petitioner adjusted his status to that of a lawful permanent resident. (ECF No. 6 at 2.) In 2016, Petitioner was convicted of First Degree Robbery and sentenced to 10 years in prison. Id.

         While Petitioner was serving that sentence, Immigration and Customs Enforcement (“ICE”) placed a Notice of Action/Detainer on Petitioner. (ECF No. 6 at 2.) Two years later, ICE commenced removal proceedings against Petitioner. (ECF No. 6-3.) Petitioner was detained, pending a hearing. (ECF No. 8 at 2.)

         On October 3, 2018, an Immigration Judge ordered that Petitioner be removed to Ivory Coast. (ECF No. 6-4 at 6.) Petitioner appealed the Judge's order to the Board of Immigration Appeals (“BIA”) (ECF No. 1-1.) The BIA affirmed the order of removal on March 18, 2019. (ECF No. 6-6 at 2-3.)

         On February 11, while awaiting the BIA decision, Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, asserting that removal was not reasonably foreseeable and that his continued detention therefore violated his due process rights. Respondents answered, arguing the Petition was premature.

         On March 12, 2019, however, the South Dakota state court vacated Petitioner's conviction for the First Degree Robbery charge that formed the basis for removal proceedings. (ECF No. 9-1 at 17.) Petitioner filed an emergency motion to reopen and terminate and a motion for emergency stay of removal with the BIA on May 2, 2019. (ECF Nos. 9-1 and 9-2.) Those motions remain under advisement with the BIA.

         On May 3, 2019 Petitioner was released from detention. (ECF No. 12 at 1.) Respondents filed a supplemental memorandum of law, asking that the Petition be denied as moot. Id. Petitioner did not respond.

         III. ...


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