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Kouadio v. Decker

Asylee's 34 Month Detention Since 2016 Without Opportunity for Bail Too Long

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Adou Kouadio, Petitionerv.Thomas Decker, as Field Office Director, New York City Field Office, U.S. Immigration and Customs Enforcement; Kirstjen Nielsen, as Secretary, U.S. Department of Homeland Security; and Jefferson B. Sessions III, as Attorney General, U.S. Department of Justice, Respondents

OPINION AND ORDERGRANTING PETITION OF HABEAS CORPUS  Petitioner Adou Kouadio (“Petitioner”), a citizen of Ivory Coast seeking asylum in the United States, was taken into custody at the U.S. border on February 21, 2016. He has been detained ever since – approximately 34 months at present writing, while his petition for asylum remains pending. He petitions for habeas corpus, claiming that his indefinite detention without an opportunity for bail violates the Due Process Clause of the Fifth Amendment. I grant the petition, holding that Petitioner’s continued detention without a bond bearing violates his due process rights as an arriving non-resident alien, limited as those rights are. I. Backgrounda. Immigration ProceedingsFor the purposes of this opinion, I accept as true the facts alleged in the First Amended Petition. On February 21, 2016, Petitioner was detained at the El Paso, Texas border crossing. First Amended Petition (“Pet.”), ECF No. 13,12. He expressed an intent to seek asylum, which entitled him to a credible-fear interview under 8 U.S.C. §1225(b)(1)(B). Pet.

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