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precedenthabeas corpusleaseasylumvisarespondent
contractpleamotionwilldue processrespondent

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Umarbaev v. Lowe

Facts

Kanat Umarbaev, a citizen of Kyrgyzstan, was detained by ICE on August 28, 2019, following a final order of removal due to his overstaying a visa. He had previously applied for asylum, which was denied, and had multiple DWI convictions. Umarbaev filed a petition for habeas corpus on March 10, 2020, claiming that his detention exceeded constitutional limits and that he was at heightened risk due to the COVID-19 pandemic. He sought release to mitigate health risks associated with the virus.

Petitioner is a native of the former Union of Soviet Socialist Republics ('USSR') and a citizen of Kyrgyzstan. He was admitted to the United States on February 22, 2000, as a non-immigration visitor for pleasure.

Issue

The main legal issues were whether Umarbaev's continued detention by ICE violated his constitutional rights and whether he was entitled to habeas relief based on the conditions of his confinement during the COVID-19 pandemic.

Petitioner asserts that his continued detention violates due process because 'he is at higher than normal risk of serious illness or death if he contracts the COVID-19 virus and DHS is unable to mitigate the risk that he will be infected.'

Rule

Under 28 U.S.C. 2241, a detainee may seek habeas relief if they are in custody in violation of the Constitution or laws of the United States. The Supreme Court has established that post-removal-period detention must be limited to a period reasonably necessary to effectuate removal and does not permit indefinite detention.

Under 28 U.S.C. 2241(c), a prisoner or detainee may receive habeas relief only if he 'is in custody in violation of the Constitution or laws or treaties of the United States.'

Analysis

The court found that Umarbaev's detention was lawful under 8 U.S.C. 1231(a), which allows for the detention of individuals subject to a final order of removal. The court noted that he had been detained for over seven months, exceeding the presumptively reasonable six-month period established by precedent. However, the court concluded that the immigration judge's determination that Umarbaev posed a risk of danger justified his continued detention.

As noted supra, Petitioner has been detained pursuant to 1231(a)(6) since August 28, 2019. As of the date of this Memorandum, therefore, Petitioner has been detained for over seven (7) months, which is beyond the presumptively reasonable six (6)-month period set forth in Zadvydas and Guerrero-Sanchez.

Conclusion

The court denied Umarbaev's petition for a writ of habeas corpus, affirming that his detention was lawful and did not violate his constitutional rights.

The Court will grant Petitioner's motion for expedited consideration (Doc. No. 10) to the extent that this Memorandum serves as the Court's expedited review of Petitioner's 2241 petition (Doc. No. 1). For the reasons set forth below, Petitioner's 2241 petition will be denied.

Who won?

The Respondent, represented by ICE, prevailed in the case as the court upheld the legality of Umarbaev's detention.

The Respondent filed a response, contending that Petitioner's detention is lawful (Doc. No. 8).

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