Judge John Curtin
Somali citizen Jama entered the United States in 2000. Based on his extensive criminal history in California, Minnesota, and Ontario, Canada, Jama was detained in Department of Homeland Security (DHS) custody and removal proceedings instituted. In 2012 an immigration judge ordered Jama’s deportation as an alien convicted of a controlled substance offense. Following custody status reviews in January and April 2013, DHS found Jama a threat to the community and flight risk. It notified Jama of its decision to continue his detention in DHS custody on April 25, 2013. Discussing Zadvydas v. Davis, district court denied Jama’s May 14, 2013, habeas corpus petition seeking release from DHS custody pending his removal. Immigration and Nationality Act §241(a) authorizes the attorney general to continue detention of criminal aliens, like Jama, beyond the mandatory 90-day removal period if it is determined the alien “is a risk to the community or unlikely to comply with the order of removal.” Also, no institutional barriers prevent Jama’s removal to Somalia. The record shows that DHS Headquarters Travel Document Unit has approved Jama’s deportation and that DHS is awaiting the scheduling of a charter flight to Somalia.
