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Keywords

jurisdictioninjunctionmotionhabeas corpusleaserespondentliens
jurisdictionattorneymotionhabeas corpusleasedeportationrespondentliens

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Seretse-Khama v. Ashcroft

Facts

Petitioner, a detained alien subject to removal from the United States due to a drug conviction, had moved from Liberia in 1980, when he was 8 years old. He had been detained pending removal since August 3, 1998, and Liberia had not issued the necessary paperwork for his return. The INS had conducted multiple custody reviews, with recommendations for his release, but he remained detained due to the lack of travel documents from the Liberian government.

Petitioner was born in the Republic of Liberia on November 20, 1972, came to the United States with his family when he was eight years old, and has lived here continuously since then.

Issue

Whether the court had personal jurisdiction over the INS District Director and whether the continued detention of the petitioner was lawful given the circumstances of his case.

The issue is whether respondents have waived the right to assert a lack of personal jurisdiction over respondent Warren Lewis, the District Director of the INS for the Washington, D.C. region, including Virginia.

Rule

The court applied the principles established in Zadvydas v. Davis, which limits the detention of aliens awaiting removal to a reasonable time unless the government can show a significant likelihood of removal in the foreseeable future.

The Court held that the Attorney General could not indefinitely detain lawfully admitted, but subsequently ordered removed, aliens during the post-removal period (i.e., the time after a 90-day statutory removal period) while they awaited deportation.

Analysis

The court determined that the INS had waived its right to challenge personal jurisdiction by failing to raise the defense in a timely manner. It also found that the respondents had not demonstrated a significant likelihood of the petitioner's removal to Liberia, as the Liberian government had not issued travel documents despite multiple requests. The court concluded that further detention would cause irreparable harm to the petitioner.

The Court finds that respondents waived the right to challenge personal jurisdiction over respondent Lewis in this case.

Conclusion

The court granted the petitioner's motion for a preliminary injunction and ordered his release pending either his removal to Liberia or an adverse decision on his habeas corpus petition.

The Court grants petitioner's motion and orders his release pending either his removal to Liberia or an adverse decision on his habeas corpus petition.

Who won?

Petitioner prevailed in the case because the court found that the INS had not justified his continued detention and that he had a substantial likelihood of success on the merits of his habeas petition.

Petitioner has demonstrated a substantial likelihood of success on the merits of his petition for a writ of habeas corpus, and has satisfied the other elements for injunctive relief as well.

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