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Case Name Abdulle v. Gonzales IM-TX-0007
Docket / Court EP-05-259 ( W.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
Case Summary
On July 7, 2005, Petitioner, a native and citizen of Somalia, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the Western District of Texas, to challenge the constitutionality of his continued detention. Petition was initially admitted to ... read more >
On July 7, 2005, Petitioner, a native and citizen of Somalia, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the Western District of Texas, to challenge the constitutionality of his continued detention. Petition was initially admitted to the U.S. in November 1986. On May 24th, 2004, the petitioner was detained pending removal proceedings because of numerous criminal convictions and for overstaying the time permitted by his non-immigrant visa.

Petitioner claimed that the INS could not legally remove him to Somalia until it had a functioning government that could accept him. He further argued that the INS could not legally detain him pending his removal because of an injunction issued in the nationwide class action which precluded the INS from removing individuals to Somalia. Ali v. Ashcroft, 213 F.R.D. 390, 395 (W.D.Wash.2003). [IM-WA-2 of this collection].

The government moved to dismiss the habeas petition for failure to state a claim.

On March 28, 2006, the District Court (Judge David Briones) denied the governments' motion to dismiss, holding that: (1) for the purposes of 90-day time limit for government to detain alien prior to removal, alien's order of removal became final on the date it was entered and (2) petitioner had stated claim upon which relief could be granted. Abdulle v. Gonzales, 422 F.Supp.2d 774 (W.D.T.X. 2006).

On May 18, 2006, the District Court granted the respondents' motion to dismiss the case as moot, because the government had released the petitioner from custody on an order of supervision.

We have no further information on this case.

Katie Goodenberger - 07/16/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Constitutional rights
Deportation - procedure
Detention - criteria
Detention - procedures
Employment
Status/Classification
Work authorization - criteria
Work authorization - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Office of Immigration and Customs Enforcement
Office of the United States Attorney General
Plaintiff Description Native and citizen of Somalia who has been in ICE custody for over a year.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief None
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:05-cv-00259-DB (W.D. Tex.) 05/18/2006
IM-TX-0007-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus 07/07/2005
IM-TX-0007-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 03/28/2006 (422 F.Supp.2d 774) (W.D. Tex.)
IM-TX-0007-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [RE: Motion to Dismiss] 05/18/2006 (W.D. Tex.)
IM-TX-0007-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Briones, David (W.D. Tex.)
IM-TX-0007-0002 | IM-TX-0007-0003 | IM-TX-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Burke, David H. (Texas)
IM-TX-0007-0003 | IM-TX-0007-9000
Jara, Magdalena G. (Texas)
IM-TX-0007-0003 | IM-TX-0007-9000
Tavarez, Jose J. (Texas)
IM-TX-0007-0003 | IM-TX-0007-9000
Other Lawyers None on record

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