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Maxius v. Hendricks

United States District Court, D. New Jersey

January 26, 2015

KURSAM J. MAXIUS, Petitioner,
v.
ROY L. HENDRICKS, Respondent.

OPINION

KEVIN McNULTY, District Judge.

I. INTRODUCTION

Until December 19, 2014, the petitioner, Kursam J. Maxius, was in custody as an immigration detainee at the Essex County Correctional Facility in Newark, New Jersey. Mr. Maxius is a native and citizen of St. Lucia. While in custody, he filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. For the following reasons, the habeas petition will be dismissed as moot.

II. BACKGROUND

Mr. Maxius was placed into immigration custody on April 14, 2014. He states in his petition that his order of deportation became final on September 1, 2011.

On October 30, 2014, this Court received Mr. Maxius's § 2241 petition. In that petition, Mr. Maxius argued that his immigration detention had become so prolonged so as to violate Zadvydas v. Davis, 533 U.S. 678 (2001). The relief sought in the petition was a release from custody under reasonable conditions of supervision.

Approximately one week after receiving the petition, on November 7, 2014, I ordered respondent to answer. On December 22, 2014, Respondent submitted a declaration which states that Mr. Maxius was released from immigration detention under an order of supervision on December 19, 2014. Respondent attached a copy of the order of supervision to the declaration.

III. DISCUSSION

The Attorney General has the authority to detain aliens in removal proceedings both before and after the issuance of a final order of removal. Post-removal order immigration detention is governed by 8 U.S.C. § 1231(a). Section 1231(a)(1)(A) states that, "except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the "removal period")." Id. § 1231(a)(1)(A). The removal period begins on the latest of the following:

(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court's final order.
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.

Id. § 1231(a)(1)(B). Federal regulations provide that:

An order of removal made by the immigration judge at the conclusion of the proceedings under section 240 of ...

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