United States District Court, D. New Jersey
MCNULTY United States District Judge.
petitioner, Ahmed Yahaya, is an immigration detainee
currently lodged at the Essex County Correctional Facility in
Newark, New Jersey. He is proceeding pro se with a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. For the following reasons, the habeas petition
will be denied without prejudice.
Yahaya is a native and citizen of Ghana. He sought admission
into the United States on January 20, 2016 at the San Ysidro
Port of Entry in California without valid documents for
entry. He has been in immigration detention since that time.
November 1, 2016, Mr. Yahaya was ordered removed to Ghana by
an Immigration Judge ("IJ"). Mr. Yahaya then filed
an appeal of that removal order to the Board of Immigration
Appeals ("BIA"). On March 22, 2017, the BIA
dismissed Mr. Yahaya's appeal of the IJ removal order.
February 2017, while those immigration proceedings were
pending, Mr. Yahaya filed this federal habeas petition. The
habeas petition requests his immediate release from
immigration detention or alternatively that a bond hearing
take place before an IJ. The respondent filed a response in
opposition to the habeas petition. Mr. Yahaya did not file a
reply within the time allotted.
states that, because the BIA has now dismissed his appeal,
Mr. Yahaya is no longer in pre-removal immigration detention
but is in post-removal immigration detention. Under the
standards governing post-removal detention, argues the
Respondent, continued detention is justified and the habeas
petition should be denied.
Pre-removal Immigration Detention
Yahaya seeks his release fi"om immigration detention or
that this Court order a bond hearing because of the length of
time he has been in immigration detention. 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. Although pre-removal
standards are now moot, I review them as backgroimd.
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
fi-om 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 Lfnited States. Except as provided
in subsection (c) of this ...