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Varghese v. Napolitano

United States District Court, D. New Jersey

February 18, 2014

RENCY VARGHESE, Petitioner,
v.
JANET NAPOLITANO, et al., Respondents,

RENCY VARGHES, 2E3 - 404 Essex County Correctional Facility, Newark, NJ, Petitioner pro se.

CHARLES SCOTT GRAYBOW Office of the U.S. Attorney District of New Jersey, Newark, NJ, Attorney for Respondent.

OPINION

FAITH S. HOCHBERG, District Judge.

Petitioner Rency Varghese, an immigration detainee confined at the Essex County Correctional Facility in Newark, New Jersey, 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. The sole respondent is Roy L. Hendricks. Because it appears from review of the Petition that Petitioner is not entitled to the relief he seeks at this time, the Court will deny the petition without prejudice.

I. BACKGROUND

Petitioner is a native of India, who, at the time of filing the petition, had been detained for approximately eight months awaiting the resolution of his removal proceedings. Petitioner entered the United States on January 20, 2009 on a temporary work visa but remained in the country without authorization. He was subsequently convicted of sexual assault of a minor and sentenced to a four-year term of incarceration. Petitioner was paroled on March 28, 2013 and taken into custody by U.S. Immigration and Customs Enforcement ("ICE") on that same date. Petitioner now files this petition challenging his ongoing mandatory detention during removal proceedings.

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, ...


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