Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Yahaya v. Green

United States District Court, D. New Jersey

May 30, 2017

AHMED YAHAYA, Petitioner,
v.
CHARLES GREEN, Respondent.

          OPINION

          KEVIN MCNULTY United States District Judge.

         1. INTRODUCTION

         The 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.

         II. BACKGROUND

         Mr. 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.

         On 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.

         In 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.

         Respondent 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.

         III. DISCUSSION

         A. Pre-removal Immigration Detention

         Mr. 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.

         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 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.