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Oriakhi v. Green

United States District Court, D. New Jersey

April 10, 2017

FELIX ORIAKHI, Petitioner,
v.
CHARLES GREEN, Respondent.

          OPINION

          KEVIN MCNULTY United States District Judge

         I. INTRODUCTION

         The petitioner, Felix Oriakhi, is an immigration detainee who is currently lodged at the Hudson County Correctional Facility in Kearny, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his continued immigration detention. For the following reasons, the habeas petition will be denied without prejudice.

         II. BACKGROUND

         Mr. Oriakhi is a native and citizen of Nigeria. He entered the United States in 1980. Thereafter, Mr. Oriakhi was convicted in Maryland of conspiracy to distribute heroin, and received a 360-month prison sentence. On March 13, 2003, as Mr. Oriakhi was serving his criminal sentence, a final order of removal was entered against him in immigration proceedings. Upon his release from custody on his criminal sentence, on May 4, 2016, Mr. Oriakhi was placed into immigration detention.

         In November 2016, Mr. Oriakhi filed this habeas petition. Mr. Oriakhi argues that the amount of time he has spent in immigration detention is excessive under the standards of Zadvydas v. Davis, 533 U.S. 678 (2001). Respondent has filed a response in opposition to the habeas petition. Thereafter, Mr. Oriakhi filed a reply in support of his habeas petition, as well as motion to subpoena medical records. The matter is fully briefed and ripe for decision.

         III. DISCUSSION

         Title 8 of the United States Code 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 the Act shall become final:
(a) Upon dismissal of an appeal by the Board of Immigration Appeals;
(b) Upon waiver of appeal by the respondent;
(c) Upon expiration of the time allotted for an appeal if the respondent does not file an ...

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