The court denied the government’s motion to dismiss and granted the habeas petition, ordering immediate release and directing that “Petitioner’s conditions of his order of supervision which were in effect before his detention are reinstated immediately.” The court held it had no authority to examine ICE’s decision to issue or to execute the removal order, but did have jurisdiction over the request for release from detention pending removal. Applying Zadvydas v. Davis to a case where removal was reasonably foreseeable, it weighed the statutory factors and found detention not reasonably necessary to secure removal: “Most notable, is the fact that Petitioner was released on an Order of Supervision in 2012 and has for the past 6 years adhered regularly to the conditions placed upon him.” It added that he had no criminal history and strong family and community ties.
Caution It is an unreported district court order, not binding on any other court. The petitioner held no withholding of removal and no protection under the Convention Against Torture, and no third country was involved; removal was to his country of citizenship. The legal basis is Zadvydas and 8 U.S.C. § 1231(a)(6), not the post-order custody review regulations at 8 C.F.R. §§ 241.4 and 241.13. What the order records is a court treating years of compliance with an order of supervision as a reason against redetention, and restoring the supervision conditions that redetention had displaced. A docket number of 5:18-cv-06099 sometimes attached to this case in secondary sources is wrong; that number belongs to an unrelated case.
Detention pending removal Prolonged detention (Zadvydas) Section 1231(a)(6) Order of supervision Redetention Reinstatement of supervision conditions Habeas jurisdiction
The court's own text
Read in full from the order as filed (ECF No. 20) and published by the United States Government Publishing Office at govinfo.gov, package USCOURTS-mowd-5_18-cv-06015. The order is a work of the United States government.
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