The opinion of the court was delivered by: Wigenton, District Judge
Petitioner Wayne Samuels, an alien detainee currently confined at Essex County Correctional Facility in connection with removal proceedings, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241*fn1 and an application for leave to proceed in forma pauperis. The named respondentsare Warden Roy L. Hendricks, Bureau of Immigration and Customs Enforcement ("ICE") Newark Field Office Director for Detention and Removal John Tsoukaris, Acting ICE Assistant Secretary John T. Morton, Secretary of Homeland Security Janet Napolitano, and Attorney General Eric Holder.
Based on Petitioner's affidavit of indigence, this Court will grant Petitioner leave to proceed in forma pauperis. Because it appears from a review of the Petition that Petitioner is not entitled to relief at this time, the Petition will be dismissed. See 28 U.S.C. § 2243.
Petitioner asserts that he is a native and citizen of Jamaica, who entered this country legally. Following his convictions for uttering fraudulent documents in violation of N.J.S.A. 2C:21-2.1.c, and shoplifting in violation of N.J.S.A. 2C:20-11.b(2), Petitioner was taken into custody by the Bureau of Immigration and Customs Enforcement in connection with removal proceedings.
Petitioner alleges that he was taken into ICE custody, as a criminal alien,*fn2 on October 8, 2009. Thus, Petitioner alleges that he was detained pursuant to 8 U.S.C. § 1226(c). An Immigration Judge ordered him removed on February 11, 2010.
Petitioner appealed to the Board of Immigration Appeals, which remanded the matter to the IJ for further proceedings on July 10, 2010.
The Immigration Judge again ordered Petitioner removed, as a criminal alien, on August 12, 2010. Petitioner again appealed and, on December 22, 2010, the BIA denied his appeal. Petitioner has taken no further action to contest his removal. Thus, on December 2, 2010, the Order of Removal became final. See 8 C.F.R. § 241.1 (2002).
Petitioner has submitted this Petition challenging his prolonged detention in connection with his removal proceedings. He alleges that he has cooperated with efforts to remove him. Petitioner seeks an order for his immediate release under reasonable conditions of supervision.
II. STANDARDS FOR A SUA SPONTE DISMISSAL
United States Code Title 28,Section 2243 provides in relevant part as follows:
A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.
A pro se pleading is held to less stringent standards than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976); ...