United States District Court, S.D. Ohio, Western Division
REPORT AND RECOMMENDATION
Litkovitz, United States Magistrate Judge.
who is currently detained pursuant to a removal order issued
by United States Immigration and Customs Enforcement (ICE),
has filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. (See Doc. 1).
Respondents have filed an answer and motion to dismiss, to
which petitioner has responded. (Doc. 8, 9, 10, 11). Also
before the Court is petitioner's motion for bail pending
resolution of this habeas corpus proceedings and motion to
grant habeas corpus. (Doc. 7, 12).
reasons stated below, the undersigned recommends that
respondents' motion to dismiss be granted and the
petition be dismissed without prejudice. It is also
recommended that petitioner's remaining motions be
is a native and citizen of Jordan. (Doc. 9-1, Hinman Decl. at
PageID 40). On July 18, 2014 an Immigration Judge ordered
petitioner removed from the United States. (Id.),
Petitioner appealed the decision to the Board of Immigration
Appeals. On December 19, 2014, the Board of Immigration
Appeals dismissed petitioner's appeal. (Id. at
about August 8, 2017, ICE received a travel document from
Jordan. (Id.). The document was valid until
September 8, 2017. On or about August 18, 2017, petitioner
was released from state custody and transferred into ICE
custody pending his removal. (Id.). Petitioner was
scheduled to be removed from the United States on September
5, 2017 on a commercial flight with an officer escort.
However, petitioner refused the board the flight and has
remained in ICE custody thereafter. (Id.).
issued a Notice of Failure to Comply on September 14, 2017.
The notice informed petitioner that his removal period would
be extended because he failed to comply with the removal
order and acted to prevent his removal from the United
States. (Id. at PageID 41-42). On or about September
21, 2017, petitioner notified ICE that he was willing to
cooperate with his removal and applied to the Embassy of
Jordan for a new travel document to be issued. (Id.
at PageID 42).
was served with a Decision to Continue Detention on December
12, 2017, informing petitioner that he would not be released
because "ICE is currently working with the government of
Jordan to secure a travel document for your removal from the
United States. A travel document is expected, therefore you
are to remain in ICE custody at this time."
(Id., Ex. 6 at PageID 59). A second Decision to
Continue Detention was issued on March 13, 2018. The Decision
again indicated that ICE is working to secure a travel
document andli[a] travel document from the
Government of Jordan is expected, therefore you are to remain
in ICE custody at this time." (Id., Ex, 7 at
commenced the instant action on March 12, 2018. (See
Doc. 1). Petitioner contends that he is entitled to relief
because he has been detained for more than six months with no
significant likelihood of actual removal, in violation of
Zadvydas v. Davis, 553 U.S. 678 (2001). He also
claims that his continued detention violates his federal due
have filed a motion to dismiss the petition, arguing that
petitioner has not met his burden to provide good reason to
believe that there is no significant likelihood of removal in
the reasonably foreseeable future. (Doc. 9). In support of
the motion, respondents include the Declaration of Timothy D.
Hinman, an ICE Deportation Officer familiar with the
deportation proceedings against petitioner. (Doc. 9-1, Hinman
Decl. at PageID 40). According to Hinman, there are no
current impediments to removing aliens to Jordan, petitioner
would have been removed but for his refusal to board the
September 5, 2017 flight, and it is significantly likely that
petitioner will be removed in the reasonably foreseeable
future. (Id. at PageID 42-43).
has filed two letters and a motion to grant habeas corpus in
response to respondents' motion to dismiss. (Doc. 10, 11,
12). In petitioner's letters, petitioner states that he
did not board the September flight because he was informed
that his wife "had a problem in Columbus." (Doc. 10
at PageID 63). He claims that he was ready to go two weeks
later, but was told ICE no longer had travel documents for
his removal. In his motion to grant habeas corpus, plaintiff
asks the court to grant habeas relief because ICE has yet to
obtain travel documents. (See Doc. 12).
has prescribed that once an alien has been ordered to be
removed from the United States, "the Attorney General
shall detain the alien" and "remove the alien from
the United States within a period of 90 days." 8 U.S.C.
§§ 1231(a)(1)(A) & 1231(a)(2). Title 8 ...