Judge John Curtin
Admitted in 1982 Ruiz-Ibanez—a native and citizen of Panama—developed an extensive criminal record. Based on a 2002 sentence of eight to 16 years for a narcotics offense, he was deemed removable as an alien convicted of a controlled substance offense. Shortly after being placed in custody of the Department of Homeland Security and detained under Immigration and Nationality Act §241(a), DHS obtained travel papers from Panama. However, removal was stayed when Ruiz-Ibanez was found prima facie eligible for U Nonimmigrant classification, denied Jan. 8, 2013. District court denied 28 USC §2241 habeas relief seeking release pending deportation, rejecting Ruiz-Ibanez’s claim that detention exceeded the 60 days deemed “presumptively reasonable” by the U.S. Supreme Court in Zadvydas v. Davis. As an alien under final order of removal, he was subject to 90 days mandatory detention under §241(a) and continued detention was authorized under §241(a)(6) since he was a criminal alien deemed a risk to the community or unlikely to comply with the removal order if released from custody. His submissions did not substantiate his belief that there was no significant likelihood that he could be removed to Panama in the foreseeable future.
