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Figueroa v. Napolitano

United States District Court, Third Circuit

November 26, 2013

RAFAEL FIGUEROA, Petitioner,
v.
JANET NAPOLITANO, et al., Respondents.

OPINION

STANLEY R. CHESLER, District Judge.

Petitioner, a pre-removal-period detainee confined at the Hudson County Correctional Center in Kearny, New Jersey, has submitted a § 2241petition challenging his mandatory detention during his immigration removal proceedings.[1] See ECF No. 1. Petitioner seeks release or a bond hearing on the grounds that he was not taken into immigration custody immediately upon completion of the penal term underlying his removal proceedings. See id. at 1-14. To the extent Petitioner seeks release, his position is meritless. See Hany El Sayed v. Holder, No. 11-7324, 2012 U.S. Dist. LEXIS 16808, at *13 (D.N.J. Feb. 9, 2012); Morrison v. Elwood, No. 12-4649, 2013 U.S. Dist. LEXIS 10917, at *3 (D.N.J. Jan. 18, 2013) ("[A district court's] power to entertain habeas applications... with respect to the claims raised by pre-removal-order alien detainees... allows relief limited to a directive of a bond hearing" as opposed to an order of release) (citations omitted). Moreover, to the extent Petitioner seeks a bond hearing, his position is too without merit. See Sylvain v. Attorney General of U.S. , 714 F.3d 150 (3d Cir. 2013) (rejecting the argument that mandatory detention under 8 U.S.C. § 1226(c) did not apply when there was a gap between an alien's release from criminal custody and his/her arrest by the immigration authorities). Therefore, the Petition, ECF No. 1, will be dismissed. Petitioner's motion for appointment of counsel, ECF No. 1-2, will be denied as moot. An appropriate Order follows.


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