DECISION AND ORDER INTRODUCTION Petitioner Aslam Cyclewala a/k/a Javed Khan (“Petitioner”), a civil immigration detainee currently held at the Buffalo Federal Detention Facility (“BFDF”) in Batavia, New York, seeks a writ of habeas corpus pursuant to 28 U.S.C. §2241. (Dkt. 1). Petitioner contends that his continued detention pending removal violates his right to due process. (Id.). For the reasons that follow, the Court denies the petition. BACKGROUND I Factual Background Petitioner is a native and citizen of India. (Dkt. 5-1 at 5). He entered the United States in 1986 using a non-immigrant visa and a “photo-substituted passport” — that is, “a valid passport which has had the photograph altered such that the person depicted is not the true passport holder.” (Id. at 5 & n.2). On April 29, 1988, Petitioner filed an application for temporary resident status with the former Immigration and Naturalization Service (“INS”) under the name “Javed Khan.” (Id. at 6). On July 21, 1989, INS informed Petitioner by letter that it required further information in order to process his application. (Id.). On December 12, 1989, INS informed Petitioner by letter that his application had been denied because he had failed to assist INS in verifying the information necessary to decide his application and had failed to establish his eligibility for temporary resident status. (Id. at 7). On February 13, 1991, under the name “Javed Khan,” Petitioner was convicted of murder in the second degree, kidnapping in the second degree, robbery in the first degree, and possession of a weapon in the second degree. (Id. at 8). INS agents met with Petitioner on April 3, 1991, at the Downstate Correctional Facility, where he was in criminal custody. (Id. at 9). Documents from this encounter show the name “Javed Khan” listed first, but then crossed out and replaced with “Aslam Cyclewala.” (Id.). Petitioner told the INS agents that he had entered the United States on April 27, 1987, on a B-2 Visitor visa. (Id.). He further stated that his father was a citizen of India named Ismail Cyclewala and that his mother, who was living in New York at the time, was a citizen of Pakistan named Annisa Hassan. (Id.). Petitioner further claimed to have obtained temporary resident status from the INS in 1989. (Id.). The statement completed by Petitioner at this encounter is signed “Javed Khan.” (Id.). On September 28, 1994, Petitioner signed an affidavit claiming that his true and correct name was “Javed Ismail Khan.” (Id. at 10). Petitioner stated that he had used a passport with the name “Cyclewala” on it to enter the United States in 1986. (Id.). Petitioner further stated that: his father’s name was Ismail Khan, not Ismail Cyclewala; his mother’s name was Gulshan Khan, not Annisa Hassan; his mother was a citizen of India, not Pakistan; and neither of his parents had lived in the United States. (Id.). On December 8, 1994, Petitioner was issued an Order to Show Cause and Notice of Hearing charging him with being subject to deportation pursuant to various provisions of the Immigration and Naturalization Act (“INA”). (Id. at 11). An immigration judge (“IJ”) ordered Petitioner removed from the United States on May 15, 1995; Petitioner waived appeal of the order, rendering it final. (Id. at 14). In September 2016, the New York State Board of Parole granted Petitioner conditional parole for deportation only (“CPDO”). (Dkt. 6-1 at 1). On October 17, 2016, an individual representing himself to be Petitioner’s maternal uncle signed an affidavit stating that Petitioner’s name is Aslam Ismail Cyclewala, that he was born in India in 1969, that his father’s name is Ismail Ibrahim Cyclewala, and that his mother’s name is Gulshan Ismail Cyclewala. (Dkt. 5-2 at 40). It is unclear from the record before the Court when this affidavit was provided to Immigrations and Customs Enforcement (“ICE”). On November 22, 2016, while Petitioner was still in criminal custody, ICE sent a request for travel documents for Petitioner, under the name “Javed Khan,” to the Consulate of India. (Dkt. 5-1 at 15). At some point in late 2016 or early 2017, Petitioner provided ICE with a copy of his purported birth certificate from India. (Dkt. 6-1 at 2; Dkt. 6-2). On January 27, 2017, Petitioner sent a letter to the Consulate of India in support of the request for travel documents. (Dkt. 6-3 at 1). Petitioner signed the letter “Javed Khan” but stated therein that he came to the United States in 1986 under the name “Aslam Ismail Cyclewala.” (Id.). In January 2019, ICE reached out to Petitioner’s attorney seeking additional documentation to support a request for travel documents from India, but received no response. (Dkt. 5-1 at 16). In July 2019, the Consulate of India informed ICE that it needed additional information to verify Petitioner’s identity. (Id. at 17). At that time, the request was still under the name of “Javed Khan.” (Id.). A renewed request for travel documents was resubmitted to the Consulate of India in October 2019. (Id. at 18). ICE provided fingerprints in connection with this request. (Id.). In January 2020, the Consulate of India requested additional information. (Id. at 19). ICE contacted Petitioner’s wife seeking additional information, but she was unable to provide any. (Id.). On February 11, 2020, Petitioner was released from custody by the New York State Department of Corrections and Community Supervision and taken into ICE custody. (Id. at 20). After arriving at the BFDF, Petitioner was interviewed. (Id. at 21). Petitioner stated that his true name was “Aslam Ismail Cyclewala.” (Id.). On February 19, 2020, ICE sent another request for a travel document to the Consulate of India, this time under the name “Cyclewala.” (Id. at 22). In June 2020, the Consulate of India informed ICE that some of the information provided by Petitioner was false and requested corrected information. (Id. at 25). ICE provided updated information and additional documentation to the Consulate. (Id.). Petitioner was interviewed in connection with the request for travel documents on August 4, 2020. (Id. at 26). In September 2020, the Consulate requested additional information, which ICE provided. (Id. at 28). On or about September 21, 2020, Petitioner was sent by plane to Alexandria, Louisiana, for a flight to India. (Dkt. 7 at 9). However, ICE did not obtain the necessary travel documents in time for that flight, and Petitioner, after being moved first to Monroe, Louisiana, and then Alvarado, Texas, was returned to the BFDF in December 2020. (Id. at
