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Case Name Moallin v. Cangemi IM-MN-0006
Docket / Court No. 05-CV-1826(JMR/SRN) ( D. Minn. )
State/Territory Minnesota
Case Type(s) Immigration and/or the Border
Case Summary
On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several ... read more >
On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii).

Petitioner claimed that his detention in custody was unlawful under Zadvydas v. Davis, 533 U.S. 678, (2001). Specifically, Petitoner asserted that his custody had exceeded 6 months and that it was unlikely that he would be deported to Somalia in light of the lack of a functioning government there. He argued that the government had to either deport him to Somalia, or release him from custody.

On April 21, 2006, the District Court (Judge Michael J. Rosenbaum) adopted the Magistrate's Report and Recommendation and ordered that Petitioner be released from custody on grounds that there was no significant likelihood that his removal could be accomplished in near future. The ICE was to be made aware of his whereabouts pending further removal proceedings. Moallin v. Cangemi, 427 F. Supp. 2d. 908 (D. Minn. 2006).

We have no further information on this case.

Stephen Imm - 08/23/2007


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Issues and Causes of Action
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Issues
General
Habeas Corpus
Immigration/Border
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
Refugees
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Bureau of Immigration and Customs Enforcement (ICE)
Plaintiff Description Somali national detained by Immigration and Customs Enforcement pending removal on account of criminal convictions
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Order Duration 2006 - n/a
Case Closing Year 2006
Case Ongoing No
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
05-CV-1826 (JMR/SRN) (D. Minn.)
IM-MN-0006-9000.pdf | Detail
Date: 04/21/2006
General Documents
Opinion (427 F.Supp.2d 908) (D. Minn.)
IM-MN-0006-0001.pdf | WESTLAW| LEXIS | Detail
Date: 04/12/2006
Source: Google Scholar
Judges Nelson, Susan Richard (D. Minn.)
IM-MN-0006-9000
Rosenbaum, James Michael (D. Minn.)
IM-MN-0006-0001 | IM-MN-0006-9000
Plaintiff's Lawyers Menendez, Katherine (Minnesota)
IM-MN-0006-0001 | IM-MN-0006-9000
Defendant's Lawyers Humes, Joan D. (Minnesota)
IM-MN-0006-0001 | IM-MN-0006-9000
Millenacker, Robyn A (Minnesota)
IM-MN-0006-9000

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