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Martinez v. Sessions

United States District Court, D. Arizona

December 11, 2018

Samuel Petrie Martinez, Petitioner,
v.
Jefferson B. Sessions, III, et al., Respondent.

          HONORABLE JAMES A. TEILBORG, SENIOR UNITED STATES DISTRICT COURT JUDGE

          REPORT AND RECOMMENDATION

          HONORABLE JOHN Z. BOYLE UNITED STATES MAGISTRATE JUDGE

         Petitioner Samuel Petrie Martinez filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Doc. 1.) After prior criminal convictions, Petitioner was removed from the United States in 1997, 2003, and 2005. On March 8, 2018, he was arrested and subsequently charged with Illegal Reentry. After the government moved to dismiss that case, Petitioner was transferred to the custody of the Department of Immigration and Customs Enforcement (“ICE”). There, he was detained pending removal pursuant to a prior removal order. Petitioner requested relief from this Court arguing that he was not subject to detention and removal. However, Petitioner has been released from custody and removed from the United States. (Doc. 12-1, Ex. D, at 25.) Therefore, the Petition is now moot.

         I. Procedural History.

         A. Petitioner's Arrest.

         On January 27, 1975, Petitioner, a citizen of Mexico, was admitted to the United States as a lawful permanent resident (“LPR”). (Doc. 12 at 1-2.)

         On February 24, 1994, Petitioner pleaded guilty to violating Arizona Revised Statute (A.R.S.) § 13-3408, “Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs.” The Maricopa County Superior Court sentenced him to 12 months' imprisonment. (Id. at 2.)

         After Petitioner's release from state custody, the government charged him with being removable under INA §§ 237(a)(2)(A)(iii) and (B)(i). As a result of those proceedings, an IJ issued a final order of removal, and the Government removed Petitioner to Mexico on July 7, 1997. (Doc. 12-1, Ex. A, at 2.)

         Petitioner was convicted in 2003 and 2006 for Illegal Re-Entry into the United States, and was removed to Mexico in 2005 and 2007 pursuant to a Reinstated Final Order of Removal. (Doc 12-1, Ex. B, at 13-14, 17.)[1]

         On March 8, 2018, ICE authorities again encountered Petitioner within the United States. (Id.) On March 8, 2018, ICE detained Petitioner and issued him a Notice of Intent to Reinstate Order of Removal, which Petitioner signed. (Doc. 12-1, Ex. C, at 20.) He was also charged with criminal reentry in violation of 8 U.S.C. § 1326(a). See United States v. Petrie-Martinez, CR 18-00608-PHX-SPL (D. Ariz.). On May 24, 2018, United States District Court Judge Steven P. Logan, in Petitioner's criminal case, granted the government's motion “in the interest of justice” to dismiss without prejudice and dismissed the indictment. (Doc. 1 at 5; CR Doc. 18-00608-PHX-SPL - Doc. 18 at 1.)

         B. Removal Action.

         On May 25, 2018, Petitioner was transferred to ICE custody. (Id.)

         C. Habeas Petition.

         On July 17, 2018, Petitioner filed the Petition “challenging the constitutionality of his prolonged, indefinite detention at the hands of officials of the Department of Homeland Security and its contractors.” (Doc. 1 at 2.) Petitioner requested that he be released from custody immediately if the Court finds that the government has no authority to detain him. (Id. at 10.) If the Court has authority to detain him, ...


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