United States District Court, D. Arizona
HONORABLE JAMES A. TEILBORG, SENIOR UNITED STATES DISTRICT
REPORT AND RECOMMENDATION
HONORABLE JOHN Z. BOYLE UNITED STATES MAGISTRATE JUDGE
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.
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.)
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.)
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.)
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.)
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
25, 2018, Petitioner was transferred to ICE custody.
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, ...