Sameja v. Sheriff of Franklin County MA et al
| Farouq Sameja |
| US Attorney General William Barr and Sheriff of Franklin County MA |
| 3:2019cv40141 |
| October 29, 2019 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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| Document Text |
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| Filing 17 NOTICE by Sheriff of Franklin County MA of Removal from the United States (Morgan, Christopher) |
| Filing 16 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #13 Motion to Dismiss. Petitioner is subject to a final order of removal issued in 2005 and has been in the custody of United States Department of Homeland Security, Immigration and Customs Enforcement (ICE) since February 28, 2019. Petitioner does not dispute the validity of the removal order and he has previously cooperated with efforts to remove him. He filed this action seeking a writ of habeas corpus on October 29, 2019, at which point he had been in ICE custody for more than six months. Petitioner had previously been held by ICE for periods of approximately nine months and fourteen months while he awaited removal to Tanzania, only to be released when ICE was unable to obtain travel documents for him. These prior experiences and the absence of information regarding the status of his travel documents, led Plaintiff to believe his removal was not reasonably foreseeable. On December 2, 2019, Respondent filed the pending motion to dismiss in which he reported that Tanzania issued travel documents for Petitioner on November 25, 2019 and Petitioners removal was scheduled for the third week in December. The following day, Respondent filed a notice of intent to remove, reconfirming that travel documents have been issued for Petitioner and he is scheduled to be removed during the week of December 16, 2019. As the court has previously explained, in this type of case, the courts role is limited to determining whether the removal of Petitioner is reasonably foreseeable. See Reid v. Donelon, 22 F.Supp.3d 84 (D. Mass. 2014). This limit reflects the Supreme Courts instruction that a post-removal period of detention be no longer than the period reasonably necessary to bring about [a petitioners] removal from the United States. Zadvydas v. Davis, 533 U.S. 678, 689 (2001). Though Petitioner had good reason to believe his removal was not reasonably foreseeable when he filed his petitioner and his amended petition, Respondent has now provided specific representations that Petitioners removal will be accomplished within the next two weeks. For this reason, the court now grants Respondents Motion to Dismiss and denies Petitioners pending motion seeking immediate release. Should the government fail to effectuate Petitioners removal by December 21, 2019, Petitioner is free to renew his habeas petition. Additionally, the government is directed to file a statement with this court within seven days of the removal, confirming the date of removal and that Petitioner was removed to Tanzania, not simply relocated to a different detention facility within the United States. (Lindsay, Maurice) |
| Filing 15 NOTICE by Sheriff of Franklin County MA of Intent to Remove (Morgan, Christopher) |
| Filing 14 MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Deny the Amended Petition filed by William Barr, Sheriff of Franklin County MA. (Attachments: #1 Exhibit 1)(Morgan, Christopher) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative, Deny the Amended Petition by William Barr, Sheriff of Franklin County MA.(Morgan, Christopher) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. Pursuant to the Service Order #5 entered by this court on November 1, 2019, Respondent was required to file a motion for the granting or denial of the Petition no later than November 22, 2020. Counsel for Respondent entered an appearance on November 20, 2019, but as of the time of this order no motion has been received. In the absence of a motion from the Respondent, the court is prepared to grant the petition, but will delay issuing such an order until December 3, 2019 to provide Respondent with a final opportunity to file a motion or to articulate a good cause basis for an extension of time to file. (Lindsay, Maurice) |
| Filing 11 NOTICE of Appearance by Christopher L. Morgan on behalf of Sheriff of Franklin County MA (Morgan, Christopher) |
| Filing 10 AMENDED DOCUMENT by Farouq Sameja. Amendment to #1 Petition for Writ of Habeas Corpus (2241) (Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. Section 2241). (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D)(Miller, Jodi) |
| Filing 9 Remark - Envelope from the Pltf. Farouq Sameja. (Finn, Mary) |
| Filing 8 Filing by Farouq Sameja (Finn, Mary) |
| Filing 7 Letter/request (non-motion) from the Plaintiff Farouq Sameja filed. (Finn, Mary) |
| Filing 6 NOTICE of Appearance by Jodi Kim Miller on behalf of Farouq Sameja (Miller, Jodi) |
| Filing 5 Judge Mark G. Mastroianni: ORDER entered. SERVICE ORDER re 2241 Petition. The Sheriff of Franklin County shall be the sole respondent. The Clerk serve a copy of the Petition upon the Sheriff of Franklin County and the United States Attorney for the District of Massachusetts. Respondent shall, no later than Friday, November 22, 2019, file a motion for the grant or denial of the Petition and a memorandum in support thereof. To give the Court time to consider the matter, unless otherwise ordered by the Court, Sameja shall not be moved outside the District of Massachusetts without providing the Court 48 hours advance notice of the move and the reason therefor. (PSSA, 3) |
| Filing 4 Filing fee/payment: $5.00, receipt number 1BST077025 for #1 Petition for Writ of Habeas Corpus (2241) (Coppola, Katelyn) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. (Healy, Bethaney) |
| Filing 2 Case transferred to Western Division (Springfield) (Warnock, Douglas) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Farouq Sameja. (Attachments: #1 Exhibit)(Warnock, Douglas) |
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