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Sessay v. Hendricks

United States District Court, Third Circuit

August 27, 2013

LINDSWORTH SESSAY, Petitioner,
v.
ROY L. HENDRICKS, et al., Respondents.

Lindsworth Sessay, Pro Se, J-2011-12527, Essex County Correctional Center, Newark, NJ.

David Edward Dauenheimer, Office of the U.S. Attorney, Newark, NJ. Attorney for Respondents.

OPINION

FAITH S. HOCHBERG, District Judge.

Petitioner, Lindsworth Sessay, an immigration detainee currently confined at the Essex County Correctional Center in Newark, New Jersey, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner names Roy L. Hendricks, the warden of the Essex County Correctional Center as a respondent.[1] For the following reasons, the petition will be denied, without prejudice.

BACKGROUND

Petitioner is a native of Jamaica. He arrived in the United States in 1994 and gained lawful permanent resident status. (Petition, ¶ 8). After convictions in the United States District Court, Eastern District of Pennsylvania for armed bank robbery and firearms charges, Petitioner was sentenced to 144 months in prison, with five years of supervised release. (Answer, Declaration of Peter G. O'Malley ("O'Malley Decl." Ex. 1, 4)). Petitioner was released from custody on January 10, 2011, and on that date, was served with a Notice to Appear ("NTA") and Notice of Custody Determination by the Bureau of Immigration and Customs Enforcement ("ICE"). (O'Malley Decl., Ex. 6).

Petitioner's removal proceedings remain ongoing. Exhibits Seven through Ten of the Declaration of Peter G. O'Malley provide this Court with the record of the case, including the following procedural history:

• February 2, 2011-Initial appearance before the Immigration Judge ("IJ").
• March 15, 2011-Petitioner conceded removability but asked for adjudication of an application for derivative citizenship and the matter was continued.
• April 8, 2011-Petitioner requested and was granted a continuance.
• April 28, 2011-IJ ordered Petitioner removed to Jamaica.
• July 12, 2011-Petitioner moved to reopen based on ineffective assistance of counsel.
• August 11, 2011-Petitioner's claim for derivative citizenship was denied.
• August 30, 2011-The Board of Immigration Appeals ("BIA") remands the denial of ...

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