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Manley v. Delmonte

Alien Denied §2241 Habeas Relief; Detention Terminates at End of Removal Proceedings

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Decision and Order  The petitioner, Dujon Manley, is an immigration detainee currently held at the Buffalo Federal Detention Facility. On March 16, 2018, he filed an amended petition for a writ of habeas corpus under 28 U.S.C. §2241, arguing that his indefinite detention without a hearing — or at least without an adequate hearing — violates the Due Process Clause of the Constitution. Docket Item 17. On March 30 and 31, 2018, the government responded. Docket Items 18, 19, 20. Manley replied on April 6, 2018, Docket Items 21, 22, and this Court heard oral argument on April 20, 2018.BACKGROUNDThe Court assumes the parties’ familiarity with the facts in the record, but a brief summary will provide some context. Manley is a “Jamaica[n] national seeking citizenship or asylum in the United States” who pled guilty to a felony offense under New York State law — Criminal Possession of a Controlled Substance in the Third Degree. Docket Item 17 at 4, 8. While Manley was serving his sentence for that crime, the Department of Homeland Security (“DHS”) served him with notice that removal proceedings had been instituted against him. Docket Item 18-18. In January 2016, an Immigration Judge (“IJ”) issued an order of removal, pursuant to 8 U.S.C. §1227 (1)(2)(A)(iii), because Manley convicted an aggravated felony. Id. at

9,10. Manley was taken into custody and although the government promptly tried to remove him to Jamaica, he appealed the removal order to the Second Circuit and requested a stay (a request that was withdrawn but later renewed). Id. at

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