Weah v. Donelan
| Diamond John Weah |
| Christopher Donelan |
| 3:2020cv30081 |
| June 4, 2020 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 13 Copy re 12 Order on Motion for TRO,,,, Order on Motion to Dismiss for Failure to State a Claim,,,, mailed to Plaintiff Diamond John Weah on 6/30/20. (Lindsay, Maurice) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #8 Motion for Temporary Restraining Order and granting #10 Motion to Dismiss. Petitioner is subject to a final order of removal issued in 2013 and has been in the custody of United States Department of Homeland Security, Immigration and Customs Enforcement (ICE) since 2/22/2020. Previously, Petitioner was in ICE custody following entry of the final order of removal, but he was released o 2/13/2014 after ICE was unable to effectuate his removal to Liberia. Petitioner does not dispute the validity of the removal order, but asserts that ICE is unlikely to effectuate his removal and he should, therefore, be released.Petitioner filed this action seeking a writ of habeas corpus on 6/4/2020, at which point he had been in ICE custody for fewer than six consecutive months. On 6/12/2020 Petitioner filed a Motion for Temporary Restraining Order, asking the court to order him released and prohibit ICE from re-arresting him more than two weeks prior to the date scheduled for his removal. On 6/29/2020, Respondent filed the pending motion to dismiss in which he reported that Liberia has issued travel documents for Petitioner and his removal is scheduled during the first week of August. At the time scheduled for Petitioners removal his current period in ICE custody will be less than 180 days. 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. Donelan, 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 petition and his motion for temporary restraining order, Respondent has now provided specific representations that Petitioners removal will be accomplished within the next two months and less than sixth months from the date he most recently entered ICE custody. For this reason, the court now denies Petitioners pending Motion for Temporary Restraining Order #8 and grants Respondents Motion to Dismiss #10 . Should the government fail to effectuate Petitioners removal by August 20, 2020, 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 Liberia, not simply relocated to a different detention facility within the United States. The courts order dismissing the case will enter after the government files the statement confirming removal. (Lindsay, Maurice) |
| Filing 11 MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Christopher Donelan. (Attachments: #1 Exhibit 1 - Marfissi Declaration)(Morgan, Christopher) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Christopher Donelan.(Morgan, Christopher) |
| Filing 9 NOTICE of Appearance by Christopher L. Morgan on behalf of Christopher Donelan (Morgan, Christopher) |
| Filing 8 MOTION for Temporary Restraining Order by Diamond John Weah.(Zamorski, Michael) |
| Filing 7 Filing fee/payment: $ 5.00, receipt number SPR004355 for #1 Petition for Writ of Habeas Corpus (2241) (Zamorski, Michael) |
| Filing 6 Judge Mark G. Mastroianni: ORDER entered. SERVICE ORDER re 2241 Petition. See order for details. (Lindsay, Maurice) |
| Filing 5 Copy re #4 Service Order - 2241 Petition, #1 Petition for Writ of Habeas Corpus (2241) mailed to U.S. Attorney General, Respondent Chris Donelan and U.S. Attorney's office Springfield on 6/9/20. (Lindsay, Maurice) |
| Filing 4 Judge Mark G. Mastroianni: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than 21 days from receipt of this order. (Lindsay, Maurice) |
| Filing 3 Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Lindsay, Maurice) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Diamond John Weah. (Attachments: #1 Exhibits)(Lindsay, Maurice) |
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| Petitioner: Diamond John Weah | |
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| Respondent: Christopher Donelan | |
| Represented By: | Christopher L. Morgan |
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