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Mgassa v. U.S. Immigration

United States District Court, D. Arizona

March 27, 2018

Eddy Muga Mgassa, Petitioner,
v.
U.S. Immigration and Customs Enforcement, et al., Respondents.

          HONORABLE G. MURRAY SNOW, UNITED STATES DISTRICT COURT JUDGE.

          REPORT AND RECOMMENDATION

          HONORABLE JOHN Z. BOYLE, UNITED STATES MAGISTRATE JUDGE.

         Petitioner Eddy Muga Mgassa has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Doc. 1.) Petitioner was previously detained by the Department of Immigration and Customs Enforcement (“ICE”) pursuant to a removal order dated September 1, 2016. Petitioner asserted that he had been detained for more than six months beyond the date of his final order of removal, in violation of the decision in Zadvydas v. Davis, 533 U.S. 678 (2001). (Id.) Petitioner sought release from detention under an order of supervision. However, Petitioner has been released from custody and removed from the United States. (Doc. 18-1 at 3.) Therefore, the Petition is now moot.

         I. Procedural history.

         A. Petitioner's Arrest.

         On August 10, 2001, Petitioner, a citizen of Kenya, entered the United States as a Temporary Non-Immigrant Visitor and did not have authority to remain in the United States longer than six (6) months. (Doc. 16-1, Ex. B, at 6.) On August 10, 2010, agents from United States Immigration and Customs Enforcement (“ICE”) encountered Petitioner at the Pima County Adult Detention Center (“PCADC”) following his arrest for driving under the influence. (Doc. 16-1, Exs. C and V, at 9 and 89-91.)

         On September 10, 2010, the PCADC turned Petitioner over to ICE agents who then transported him to the Eloy Detention Center (“EDC”) in Eloy, Arizona to await removal proceedings. (Doc. 16-1, Ex. V, at 89-91.)

         On November 2, 2010, Petitioner's wife filed a Form I-130, Immigration Petitioner for Relative, Fiancé, or Orphan with the United States Citizenship and Immigration Service (“USCIS”). (Doc. 16-1, Ex. E, at 19.) On March 17, 2011, USCIS approved the Form I-130. (Doc. 16-1, Ex. F, at 21-23.)

         On November 29, 2011, the immigration judge in Eloy, Arizona, adjusted Petitioner's status to that of a permanent resident on a conditional basis and released Petitioner from EDC. (Doc. 16-1, Ex. G, at 25-26.)

         On February 25, 2014, Petitioner and his wife filed Form I-751, Joint Petitioner Requesting Removal of Conditional Basis, and requested a fee waiver. (Doc. 16-1, Exs. H and V, at 28-32 and 8-91.) On January 28, 2015, USCIS terminated Petitioner's conditional residence status because his wife failed to appear for the I-751 interview. (Doc. 16-1, Ex. I, at 34-35.)

         On February 1, 2016, USCIS issued Petitioner a Notice to Appear, charging him as removable under INA Section 237(a)(1)(D)(i). (Doc. 16-1, Ex. J, at 37-39.) On July 28, 2016, an immigration judge in Tucson, Arizona, ordered Petitioner removed in absentia. (Doc. 16-1, Ex. K, at 41.)

         On August 3, 2016, ICE officers encountered Petitioner at the PCADC based upon an arrest for domestic violence. (Doc. 16-1, Ex. V, at 89-91.) On September 1, 2016, PCADC released Petitioner into ICE custody. ICE then transferred Petitioner to the Florence Detention Center in Florence, Arizona, pending removal. (Id.)

         On September 29, 2016, ICE served Petitioner with an Instruction Sheet to Detainee regarding his requirement to assist in removal. (Doc. 16-1, Ex. M, at 53-59.)

         On October 3, 2016, Petitioner filed a Motion to Reopen with the immigration judge in Tucson, Arizona. (Doc. 16-1, Ex. N, at 61-65.) On October 28, 2016, the immigration judge denied ...


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