United States District Court, D. New Jersey
MCNULTY United States District Judge
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
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
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.
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
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
(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 ...