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attorneyhabeas corpusleaseparole
attorneyhabeas corpuswillleaseparolenaturalizationliens

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Singh v. Immigration and Customs Enforcement

Facts

Singh, a native and citizen of India, entered the United States without being admitted or paroled. He was charged with being subject to removal due to his status as an alien present in the U.S. without proper admission. Singh was taken into ICE custody on February 8, 2005, following a conviction for multiple counts of solicitation to commit involuntary deviate sexual intercourse. His detention was reviewed multiple times, with officials concluding he posed a threat to the community if released.

Singh, a native and citizen of India, entered the United States at an unknown place and on an unknown date. (Doc. 5-2, p. 2). He was not admitted or paroled after inspection by an immigration officer. On February 28, 2000, the Immigration and Naturalization Service issued a notice to appear informing Singh that he was charged with being subject to removal from the United States in that he was 'an alien present in the United States without being admitted on paroled, [*2] or who arrived in the United States at any time or place other than as designated by the, Attorney General.' (Doc. 5-2, p. 2).

Issue

Whether Singh's continued detention by ICE is unconstitutional due to the indefinite nature of his detention and the likelihood of his removal from the United States.

Petitioner [*4] filed his present petition for writ of habeas corpus alleging that his indefinite detention is unconstitutional. He is seeking immediate release. (Doc. 1).

Rule

Under 8 U.S.C. 1231, the Attorney General has 90 days to remove an alien after an order of removal, during which detention is mandatory. Continued detention beyond this period is authorized only as long as it is 'reasonably necessary' to effectuate removal. The Supreme Court in Zadvydas v. Davis established that once removal is no longer reasonably foreseeable, continued detention is no longer authorized.

Detention, release, and removal of aliens ordered removed is governed by the provisions of 8 U.S.C. 1231 . Under 1231(a) , the Attorney General has 90 days to remove an alien from the United States after his order of removal, during which time detention is mandatory. Continued detention beyond the mandated 90-day removal period is authorized, but only as long as 'reasonably necessary' to effectuate removal from the country. Zadvydas v. Davis, 533 U.S. 678, 689, 121 S. Ct. 2491, 150 L. Ed. 2d 653 (2001) .

Analysis

The court applied the rule from Zadvydas, noting that Singh failed to meet his burden of showing that removal was unlikely in the reasonable future. Despite Singh's claims regarding the Indian Embassy's refusal to issue travel documents, he did not provide sufficient evidence to substantiate this assertion. The court found that Singh's removal remained reasonably foreseeable, as ICE was actively working on obtaining travel documents.

Singh failed to meet his burden under Zadvydas of showing that removal is unlikely in the reasonable future. Singh's status was reviewed in May 2005 and September 2005. Both times, it was concluded that Singh was a threat to the community if released. In addition, travel documents were requested from the Consulate of India and the process to verify Singh's identity was ongoing.

Conclusion

The court denied Singh's petition for a writ of habeas corpus without prejudice, allowing him the opportunity to file another petition if he could demonstrate that removal was no longer reasonably foreseeable.

Accordingly, Singh's removal from the United States remains [*6] reasonably foreseeable and his petition will be denied. Singh is free to file another 2241 petition should he develop good reason to believe that removal is no longer reasonably foreseeable.

Who won?

Bureau of Immigration and Customs Enforcement (ICE) prevailed in the case as the court denied Singh's petition for habeas corpus, concluding that his removal remained reasonably foreseeable.

Singh failed to meet his burden under Zadvydas of showing that removal is unlikely in the reasonable future. Singh's status was reviewed in May 2005 and September 2005. Both times, it was concluded that Singh was a threat to the community if released.

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