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Nimneh v. Green

United States District Court, D. New Jersey

May 19, 2017

FRANCIS NIMNEH, Petitioner,
v.
CHARLES GREEN, Respondent.

          MEMORANDUM AND ORDER

          KEVIN MCNULTY United States District Judge

         The petitioner, Francis Nimneh, is an immigration detainee currently lodged at the Essex County Correctional Facility in Newark, New Jersey. A native and citizen of Liberia, he entered the United States in 1984. Mr. Nimneh was previously convicted of drug offenses in New Jersey after his arrival to the United States. He was placed and has remained in immigration detention from May 17, 2016, to the present.

         In April, 2017, Mr. Nimneh filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in this Court. He asserts that he is entitled to a bond hearing. On May 17, 2017, the government filed its response to the habeas petition. (See Dkt. No. 4) In its response, the government states that it does not object to this Court's ordering that a bond hearing take place before an Immigration Judge.

         The Attorney General has the authority to detain aliens in removal proceedings before the issuance of a final order of removal. This period of detention is known as the "pre-removal" period. Detention of an alien in the pre-removal period is governed by Section 1226 of Title 8 of the United States Code. Section 1226(a) permits the Attorney General to detain or release an alien pending a decision on whether the alien is to be removed from the United States:

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, the Attorney General;
(B) conditional parole;...

8 U.S.C. § 1226(a). "Except as provided in subsection (c)" is included because, under Section 1226(c), certain criminal aliens are subject to mandatory pre-removal detention:

The Attorney General shall take into custody any alien who-
(A) is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title,
(B) is deportable by reason of having committed any offense covered in section 1227(a)(2)(a)(ii), (A)(iii), (B), (C), or (D) of this title,
(C) is deportable under section l227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence to a term of ...

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