Case: Abdulle v. Gonzales

3:05-cv-00259 | U.S. District Court for the Western District of Texas

Filed Date: July 7, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On July 7, 2005, Petitioner, a native and citizen of Somalia, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the Western District of Texas, to challenge the constitutionality of his continued detention. Petition was initially admitted to the U.S. in November 1986. On May 24th, 2004, the petitioner was detained pending removal proceedings because of numerous criminal convictions and for overstaying the time permitted by his non-immigrant…

On July 7, 2005, Petitioner, a native and citizen of Somalia, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the Western District of Texas, to challenge the constitutionality of his continued detention. Petition was initially admitted to the U.S. in November 1986. On May 24th, 2004, the petitioner was detained pending removal proceedings because of numerous criminal convictions and for overstaying the time permitted by his non-immigrant visa.

Petitioner claimed that the INS could not legally remove him to Somalia until it had a functioning government that could accept him. He further argued that the INS could not legally detain him pending his removal because of an injunction issued in the nationwide class action which precluded the INS from removing individuals to Somalia. Ali v. Ashcroft, 213 F.R.D. 390, 395 (W.D.Wash.2003). [IM-WA-2 of this collection].

The government moved to dismiss the habeas petition for failure to state a claim.

On March 28, 2006, the District Court (Judge David Briones) denied the governments' motion to dismiss, holding that: (1) for the purposes of 90-day time limit for government to detain alien prior to removal, alien's order of removal became final on the date it was entered and (2) petitioner had stated claim upon which relief could be granted. Abdulle v. Gonzales, 422 F.Supp.2d 774 (W.D.T.X. 2006).

On May 18, 2006, the District Court granted the respondents' motion to dismiss the case as moot, because the government had released the petitioner from custody on an order of supervision.

We have no further information on this case.

Summary Authors

Katie Goodenberger (7/16/2007)

People


Judge(s)

Briones, David (Texas)

Attorneys(s) for Defendant

Burke, David H. (Texas)

Tavarez, Jose J. (Texas)

Expert/Monitor/Master

Jara, Magdalena G. (Texas)

Judge(s)

Briones, David (Texas)

Attorneys(s) for Defendant

Burke, David H. (Texas)

Tavarez, Jose J. (Texas)

Expert/Monitor/Master

Jara, Magdalena G. (Texas)

Documents in the Clearinghouse

Document

Docket [PACER]

Abdulle v. Jolecouer

May 18, 2006 Docket
1

Petition for Writ of Habeas Corpus

July 7, 2005 Pleading / Motion / Brief
17

Opinion

422 F.Supp.2d 774

March 28, 2006 Order/Opinion
21

Order [RE: Motion to Dismiss]

May 18, 2006 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Case assigned to Judge David Briones (em) (Entered: 07/11/2005)

July 7, 2005
1

Petition by Ali M. Abdulle for writ of habeas corpus Filing Fee: $ 5.00 (em) (Entered: 07/11/2005)

July 7, 2005
2

Order USA to show cause by 8/15/05 signed by Judge David Briones (em) (Entered: 07/14/2005)

July 14, 2005
3

Motion by Alberto Gonzales, James Zigler, Robert Jolecouer to dismiss (em) (Entered: 08/11/2005)

Aug. 11, 2005
4

Response by Ali M. Abdulle to Respondent's motion to dismiss [3-1] (em) (Entered: 09/07/2005)

Sept. 7, 2005
5

Supporting Case Law Memorandum by Ali M. Abdulle in support of petition for writ of habeas corpus [1-1] (em) (Entered: 10/20/2005)

Oct. 20, 2005
6

Motion by Ali M. Abdulle for preliminary injunction (em) (Entered: 01/04/2006)

Jan. 4, 2006
7

Order striking Memorandum of Points and Authorities in Support of Petitioner's Motion for Preliminary Injunctive Relief, Doc.#7 signed by Judge David Briones (em) (Entered: 01/17/2006)

Jan. 9, 2006
8

Response by Ali M. Abdulle in opposition to motion for preliminary injunction [6-1] (em) (Entered: 01/17/2006)

Jan. 13, 2006
9

Reply by Ali M. Abdulle to response to motion for preliminary injunction [6-1] (em) (Entered: 01/19/2006)

Jan. 18, 2006
10

Motion by Ali M. Abdulle for appointment of counsel (em) (Entered: 01/30/2006)

Jan. 26, 2006
12

Order granting motion for appointment of counsel [10-1] and appointment of the Office of the Federal Public Defender to represent Petitioner Ali Mohamud Abdulle signed by Judge David Briones (em) (Entered: 02/02/2006)

Feb. 2, 2006

Service of Order Appointing FPD to represent Petitioner Ali Mohamud Abdulle filed 2/2/06, Petition for Writ of Habeas Corpus and all pleadings filed thereafter submitted to Federal Public Defenders Office. 2/3/06 11:00 a.m. (em) (Entered: 02/03/2006)

Feb. 3, 2006
13

Response by Ali M. Abdulle motion to dismiss [3-1] (em) (Entered: 02/24/2006)

Feb. 23, 2006
14

Reply by Ali M. Abdulle to response to motion for preliminary injunction [6-1] (em) (Entered: 02/24/2006)

Feb. 23, 2006
15

Memorandum of Points and Authorities by Alberto Gonzales (em) (Entered: 03/03/2006)

March 2, 2006
16

Response by Ali M. Abdulle to memorandum in support [15-1] (mm1) (Entered: 03/14/2006)

March 13, 2006
17

Order denying motion to dismiss [3-1] Respondents to show cause by 4/28/06 why petitioner's relief requested should not be granted signed by Judge David Briones (em) (Entered: 03/28/2006)

March 28, 2006
18

NONOPPOSITION to Motion re 6 Motion for Preliminary Injunction , filed by Alberto Gonzales, James Zigler, Robert Jolecouer. (dag, ) (Entered: 05/01/2006)

May 1, 2006
19

MOTION to Dismiss Petition as Moot by Alberto Gonzales, James Zigler, Robert Jolecouer. (dag, ) (Entered: 05/11/2006)

May 11, 2006
20

RESPONSE to Motion re 19 MOTION to Dismiss , filed by Ali M. Abdulle. (dag, ) (Entered: 05/17/2006)

May 16, 2006
21

ORDER granting 19 Motion to Dismiss Signed by Judge David Briones. (dag, ) (Entered: 05/19/2006)

May 18, 2006

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 7, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Native and citizen of Somalia who has been in ICE custody for over a year.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Immigration and Customs Enforcement (Washington), Federal

Office of the United States Attorney General (Washington), Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Unknown

Issues

General:

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - procedure

Detention - criteria

Detention - procedures

Employment

Status/Classification

Work authorization - criteria

Work authorization - procedures