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 ...
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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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