Case: Moallin v. Cangemi

0:05-cv-01826 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 15, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii). Petitioner claimed …

On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii).

Petitioner claimed that his detention in custody was unlawful under Zadvydas v. Davis, 533 U.S. 678, (2001). Specifically, Petitoner asserted that his custody had exceeded 6 months and that it was unlikely that he would be deported to Somalia in light of the lack of a functioning government there. He argued that the government had to either deport him to Somalia, or release him from custody.

On April 21, 2006, the District Court (Judge Michael J. Rosenbaum) adopted the Magistrate's Report and Recommendation and ordered that Petitioner be released from custody on grounds that there was no significant likelihood that his removal could be accomplished in near future. The ICE was to be made aware of his whereabouts pending further removal proceedings. Moallin v. Cangemi, 427 F. Supp. 2d. 908 (D. Minn. 2006).

We have no further information on this case.

Summary Authors

Stephen Imm (8/23/2007)

People


Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorneys(s) for Plaintiff

Menendez, Katherine (Minnesota)

Attorneys(s) for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorneys(s) for Plaintiff

Menendez, Katherine (Minnesota)

Attorneys(s) for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

Documents in the Clearinghouse

Document

0:05-cv-01826

Docket

April 21, 2006

April 21, 2006

Docket
14

0:05-cv-01826

Opinion

427 F.Supp.2d 908

April 12, 2006

April 12, 2006

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 436830.) assigned to Judge James M. Rosenbaum per Habeas referred to Magistrate Judge Susan R. Nelson 4:05ad655, filed by Abdirahman Moallin. (Attachments: # 1 Civil Cover Sheet)(VEM) (Entered: 08/15/2005)

Aug. 15, 2005

Aug. 15, 2005

2

ORDER directing Respondent to show cause why writ should not be granted. Signed by Magistrate Judge Susan R Nelson on 8/17/05. (VEM) (Entered: 08/19/2005)

Aug. 17, 2005

Aug. 17, 2005

3

MOTION to Appoint Counsel by Abdirahman Moallin. (Attachments: # 1 Certificate of Service)(Menendez, Katherine) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

4

ORDER granting 3 Motion to Appoint Counsel. Signed by Magistrate Judge Susan R Nelson on 8/29/05. (VEM) (Entered: 08/29/2005)

Aug. 29, 2005

Aug. 29, 2005

5

RESPONSE TO ORDER TO SHOW CAUSE by Mark Cangemi, Bureau of Customs and Immigration Enforcement, Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Humes, Joan) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

6

ADMINISTRATIVE RECORD. (Attachments: # 1 part 2# 2 part 3)(Humes, Joan) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

7

CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 5 Response to Order to Show Cause, 6 Administrative record (Humes, Joan) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

8

MEMORANDUM by Abdirahman Moallin In Response to Government's Return filed by Abdirahman Moallin. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Certificate of Service)(Menendez, Katherine) (Entered: 09/21/2005)

Sept. 21, 2005

Sept. 21, 2005

9

REPORT AND RECOMMENDATION that 1 Petition for Writ of Habeas Corpus, filed by Abdirahman Moallin be GRANTED; and that Petitioner be released subject to such terms and conditions as Respondents deem necessary to ensure that Respondents will be kept apprised of Petitioner's whereabouts pending his removal. Objections to R&R due by 2/3/2006. Signed by Magistrate Judge Susan R Nelson on 1/17/06. (JLB) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

10

NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Mark Cangemi, Bureau of Customs and Immigration Enforcement (Attachments: # 1 Certificate of Service)(Millenacker, Robyn) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

11

OBJECTION to 9 Report and Recommendations. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 02/03/2006)

Feb. 3, 2006

Feb. 3, 2006

13

OBJECTION to 9 Report and Recommendations Response to Goverment's Objections to . (Attachments: # 1 Certificate of Service)(Menendez, Katherine) Modified text on 3/10/2006 (jam). (Entered: 03/09/2006)

March 9, 2006

March 9, 2006

14

ORDER Adopting 9 Report and Recommendation. Signed by Judge James M Rosenbaum on 4/12/06. (jjn) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

15

JUDGMENT (Attachments: # 1 Civil Notice - appeal)(VEM) (Entered: 04/14/2006)

April 14, 2006

April 14, 2006

16

AMENDED ORDER adopting 9 Report and Recommendation, and granting 1 petition for writ of habeas corpus. Signed by Judge James M Rosenbaum on 4/18/06. (jjn) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

17

AMENDED JUDGMENT (Attachments: # 1 Civil Notice - appeal)(jam) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

18

RESPONSE re 17 Judgment filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

19

Declaration of Robyn A. Millenacker in Support of 18 Response filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 Exhibit(s) A)(Millenacker, Robyn) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

20

CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 18 Response, 19 Declaration in Support (Millenacker, Robyn) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

21

ORDER that Respondent is to immediately release from custody, or as soon thereafter as practical, but in no event later than the close of business on Monday, 4/24/2006, petitioner Abdirahman Moallin. Signed by Chief Judge James M Rosenbaum on 4/21/2006. (HLL) . (Entered: 04/21/2006)

April 21, 2006

April 21, 2006

Case Details

State / Territory: Minnesota

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 15, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Somali national detained by Immigration and Customs Enforcement pending removal on account of criminal convictions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bureau of Immigration and Customs Enforcement (ICE), Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Litigation

Order Duration: 2006 - None

Issues

General:

Habeas Corpus

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Refugees