United States District Court, D. New Jersey
MCNULTY United States District Judge.
petitioner, Tawakalitu Atinuke Shifat, is an immigration
detainee currently lodged at the Hudson County Correctional
Facility in Kearny, New Jersey. Ms. Shifat is proceeding
pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2241. Her petition challenges
her immigration detention and also alludes to a denial of
medical care. For the following reasons, the habeas petition
will be summarily dismissed without prejudice.
Shifat is a native of Nigeria. She was placed into
immigration detention on November 2, 2015. On May 5, 2016, an
Immigration Judge ("IJ") ordered Ms. Shifat
removed. The Board of Immigration Appeals ("BIA")
dismissed Ms. Shifat's appeal of that removal order on
December 9, 2016. Ms. Shifat's motion to reopen was
denied by the BIA on February 24, 2017. According to the
petition, Ms. Shifat's motion for stay of removal remains
pending before the United States Court of Appeals for the
April 2017, this Court received Ms. Shifat's petition for
a writ of habeas corpus. Ms. Shifat asserts that her
prolonged immigration detention violates the Constitution.
Additionally, she protests a lack of medical care, alluding
to an operation that immigration authorities state they
cannot fund. (See Dkt. No. 1 at p.
LEGAL STANDARD: SUA SPONTE DISMISSAL
respect to screening the petition, 28 U.S.C. § 2243
provides in relevant part:
A court, justice or judge entertaining an application for a
writ of habeas corpus shall forthwith award the writ or issue
an order directing the respondent to show cause why the writ
should not be granted, unless it appears from the application
that the applicant or person detained is not entitled
district court is authorized to dismiss a [habeas] petition
summarily when it plainly appears from the face of the
petition and any exhibits annexed to it that the petitioner
is not entitled to relief in the district court [.]"
Lonchar v. Thomas, 517 U.S. 314, 320 (1996).
Shifat is now subject to a final order of removal.
See 8 C.F.R. § 1241.1(a) (order or removal by
IJ becomes final upon dismissal of appeal by the BIA).
Post-removal immigration detention can become excessive at
some point. 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 ...