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Case Name Abukar v. Ashcroft IM-MN-0001
Docket / Court 0:01-cv-00242-JRT-AJB ( D. Minn. )
State/Territory Minnesota
Case Type(s) Immigration
Case Summary
On February 9, 2001, Ayub Haji Abukar ("Abukar") filed a petition for a writ of habeas corpus against United States Attorney General John Ashcroft, pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota.

In 1997, the Petitioner was admitted to the United ... read more >
On February 9, 2001, Ayub Haji Abukar ("Abukar") filed a petition for a writ of habeas corpus against United States Attorney General John Ashcroft, pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota.

In 1997, the Petitioner was admitted to the United States as a refugee from Somalia. In 1999, Petitioner was charged and convicted of third degree assault for stabbing a man with a knife during a fight. Following his release from jail, the INS took Petitioner into custody and started removal proceedings against him. In March of 2002, an immigration judge found the Petitioner removable to Somalia because of his criminal conviction. This action followed.

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 there was no significant likelihood that the INS would be able to legally remove him in the foreseeable future. Petitioner sought (a) to bar the INS from deporting him to Somalia and (b) to be released from INS detention.

On July 31, 2001, the District Court (Judge John R. Tunheim) issued an order directing the respondent to show cause as to why habeas corpus should not be granted. On September 17, 2001, the Court entered a stipulation and order granting the Petitioner's motion to stay in abeyance pending the outcome of the Supreme Court's decision in Jama v. INS, and pending the INS's review of the propriety of Petitioner's pre-removal detention after the Supreme Court's ruling in Zadvyvas v. Davis.

Thereafter, Petitioner filed an amended petition. The INS moved for dismissal.

On June 10, 2003 United States Magistrate Judge (Arthur J. Boylan) issued his report and recommendation that plaintiff's petition be dismissed. Abukar v. Ashcroft, 2003 U.S. Dist.LEXIS 25142 (D. Minn., June 10, 2003). Plaintiff objected.

On March 17, 2004 the U.S. District Court for the District of Minnesota (Judge John R. Tunheim) issued an order rejecting the Report and Recommendation of Magistrate Judge Boylan as moot and that the petitioner be released from INS custody under reasonable release conditions. Abukar v. Ashcroft, 2004 U.S. Dist. LEXIS 5998 (D. Minn. 2004).

Katie Goodenberger - 07/06/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration
Deportation - criteria
Deportation - judicial review
Refugees
Plaintiff Type
Private Plaintiff
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Office of the Immigration and Naturalization Services
Office of the United States Attorney General
Plaintiff Description A native Somalian refugee who was being detained for deporation due to a criminal conviction
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
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)
0:01-cv-00242-JRT-AJB (D. Minn.) 03/17/2004
IM-MN-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 06/10/2003 (2003 U.S.Dist.LEXIS 25142) (D. Minn.)
IM-MN-0001-0002 PDF | LEXIS | Detail
Document Source: LexisNexis
Opinion 03/17/2004 (2004 WL 741759 / 2004 U.S.Dist.LEXIS 5998) (D. Minn.)
IM-MN-0001-0001 PDF | WESTLAW| LEXIS | Detail
Judges Boylan, Arthur J. (D. Minn.) [Magistrate]
IM-MN-0001-0002 | IM-MN-0001-9000
Tunheim, John R. (D. Minn.)
IM-MN-0001-0001 | IM-MN-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Keyes, Jeffrey J. (Minnesota)
IM-MN-0001-0001 | IM-MN-0001-0002 | IM-MN-0001-9000
Magnuson, Kevin M. (Minnesota)
IM-MN-0001-0001 | IM-MN-0001-0002 | IM-MN-0001-9000
Defendant's Lawyers Brooker, Gregory G (Minnesota)
IM-MN-0001-9000
Bryan, Lonnie F. (Minnesota)
IM-MN-0001-0001 | IM-MN-0001-0002 | IM-MN-0001-9000
Kovac, Paul D. (Pennsylvania)
IM-MN-0001-9000
Mack, Greg D. (District of Columbia)
IM-MN-0001-0001 | IM-MN-0001-0002 | IM-MN-0001-9000
Siekert, Anson P. (Minnesota)
IM-MN-0001-0002 | IM-MN-0001-9000
Other Lawyers None on record

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