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Keywords

motionhabeas corpusdue processasylumrespondentmotion to dismiss
motionhabeas corpusdue processasylumrespondentmotion to dismiss

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Poeuv v. Smith

Facts

Dara Poeuv, a native and citizen of Cambodia, arrived in the U.S. in 2002 and applied for asylum, which was denied in 2013. Following a removal order, Poeuv was taken into ICE custody in June 2015. He alleged that he has cooperated with ICE but has been detained for over nine months without removal, claiming that his continued detention violates federal law and his constitutional rights.

Dara Poeuv, a native and citizen of Cambodia, arrived in the U.S. in 2002 and applied for asylum, which was denied in 2013. Following a removal order, Poeuv was taken into ICE custody in June 2015. He alleged that he has cooperated with ICE but has been detained for over nine months without removal, claiming that his continued detention violates federal law and his constitutional rights.

Issue

Whether Poeuv's continued detention by ICE is lawful under 8 U.S.C. 1231(a)(6) and the constitutional requirements for due process.

Whether Poeuv's continued detention by ICE is lawful under 8 U.S.C. 1231(a)(6) and the constitutional requirements for due process.

Rule

Under 8 U.S.C. 1231(a)(6), the government may detain an alien beyond the removal period only if the alien is a risk to the community or unlikely to comply with the order of removal. The Supreme Court in Zadvydas v. Davis established that detention cannot be indefinite and must be limited to a period reasonably necessary for removal.

Under 8 U.S.C. 1231(a)(6), the government may detain an alien beyond the removal period only if the alien is a risk to the community or unlikely to comply with the order of removal. The Supreme Court in Zadvydas v. Davis established that detention cannot be indefinite and must be limited to a period reasonably necessary for removal.

Analysis

The court found that Poeuv's allegations of being detained beyond the presumptively reasonable six-month period set forth in Zadvydas were sufficient to survive the motion to dismiss. The court noted that while the government had taken some steps towards removal, it was unclear if removal was likely to occur in the near future, given the lengthy detention and lack of evidence suggesting that Cambodia would approve his repatriation.

The court found that Poeuv's allegations of being detained beyond the presumptively reasonable six-month period set forth in Zadvydas were sufficient to survive the motion to dismiss. The court noted that while the government had taken some steps towards removal, it was unclear if removal was likely to occur in the near future, given the lengthy detention and lack of evidence suggesting that Cambodia would approve his repatriation.

Conclusion

The court denied the Respondent's Motion to Dismiss, requiring the Respondent to file an answer to the petition and scheduling a status conference.

The court denied the Respondent's Motion to Dismiss, requiring the Respondent to file an answer to the petition and scheduling a status conference.

Who won?

Dara Poeuv prevailed in the case as the court denied the Respondent's Motion to Dismiss, allowing his habeas corpus petition to proceed.

Dara Poeuv prevailed in the case as the court denied the Respondent's Motion to Dismiss, allowing his habeas corpus petition to proceed.

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