Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Carter v. Aviles

United States District Court, D. New Jersey

January 30, 2014

CALVIN CARTER, Petitioner,
v.
OSCAR AVILES, et al., Respondents.

OPINION

CLAIRE C. CECCHI, District Judge.

Petitioner Calvin Carter, an immigration detainee confined at the Hudson County Correctional Center in Kearny, New Jersey at the time of filing this matter, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, [1] challenging his mandatory detention during his immigration removal proceedings. Petitioner names as respondents: Oscar Aviles, Christopher Shanahan, Scott A. Weber, John T. Morton, Janet Napolitano, and Eric Holder, [2] Because it appears from review of the Petition that Petitioner is not entitled to the reliefhe seeks at this time, the Court will deny the petition without prejudice.

I. BACKGROUND

Petitioner is a native of Jamaica who, at the time of filing the petition, had been detained for four months awaiting the resolution of his removal proceedings. Petitioner came to the United States as a Lawful Pemanent Resident on April 20, 1995. He was convicted of criminal possession of a controlled substance on May 15, 1996. On February 4, 2013, he was taken into criminal custody for a removable offense and was released the following day. He was subsequently taken into custody by U.S. Immigration and Customs Enforcement ("ICE") on February 12, 2013. Petitioner now files this petition challenging his ongoing mandatory detention because he was not taken into immigration custody immediately upon release from criminal incarceration related to a removable offense.

II. DISCUSSION

A. Legal Standard

Federal law sets forth the authority of the Attorney General to detain aliens in removal proceedings, both before and after issuance of a final order of removal. Title 8 U.S.C. § 1226 governs pre-removal-order detention of an alien. Section 1226(c) authorizes the Attorney General to arrest, and to detain or release, an alien, pending a decision on whether the alien is to be removed from the United States, except as provided in subsection (c). Section 1226(a) provides, in relevant part:

(a) Arrest, detention, and release
On a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States, Except as provided in subsection (c) of this section and pending such decision, the Attorney General-
(1) may continue to detain the arrested alien; and
(2) may release the alien on-
(A) bond of at least $1, 500 with security approved by, and containing conditions prescribed by, the Attorney General; or
(B) conditional ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.