The court lifted its stay of transfer. The petitioner had not carried his burden under Zadvydas, because, as the respondents showed, his “removal is not only foreseeable but already scheduled within the presumptively constitutional detention period.” It added: “Additionally, Respondents are removing Petitioner to Equatorial Guinea on a charter flight.” And: “This alternative destination is consistent with Petitioner’s withholding of removal to Cameroon.”
Court
D.N.M.
Decided
July 27, 2026
Docket
2:26-cv-00601-SMD-LF (ECF No. 14)
Judge
Sarah M. Davenport, District Judge.
Outcome
Interim relief denied
Disposition
Respondents’ emergency motion to lift the order enjoining transfer granted; stay of transfer lifted.
Nationality
Native of Cameroon. Granted withholding of removal and protection under the Convention Against Torture regarding Cameroon by an immigration judge on 25 March 2025.
Third country
Equatorial Guinea: “Respondents are removing Petitioner to Equatorial Guinea on a charter flight.”
Caution Superseded the next day: on 28 July 2026 the court granted a temporary restraining order in part and reinstated the stay, as recorded separately in this register. This order gives 30 April 2025 as the date the removal order became administratively final; the order of 28 July gives 25 April 2025.
Third-country removal Detention Zadvydas Stay of transfer Withholding of removal CAT protection
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