United States District Court, D. Minnesota
Mohamed D. Petitioner,
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)
Voss, Ann M. Bildtsen, and David W. Fuller, Assistant United
States Attorneys, (for Respondents Secretary Homeland
Security, Barr, and Berg)
John Walker, County Attorney, (for Respondent Freitag).
REPORT & RECOMMENDATION
N. Leung United States Magistrate Judge
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.
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.
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.)
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.)
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.
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.
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.