Case: Abukar v. Ashcroft

0:01-cv-00242 | U.S. District Court for the District of Minnesota

Filed Date: Feb. 9, 2001

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On February 9, 2001, Ayub Haji Abukar ("Abukar") filed a petition for a writ of habeas corpus against United States Attorney General John Ashcroft, pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. In 1997, the Petitioner was admitted to the United States as a refugee from Somalia. In 1999, Petitioner was charged and convicted of third degree assault for stabbing a man with a knife during a fight. Following his release from jail, the INS took Petitioner in…

On February 9, 2001, Ayub Haji Abukar ("Abukar") filed a petition for a writ of habeas corpus against United States Attorney General John Ashcroft, pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota.

In 1997, the Petitioner was admitted to the United States as a refugee from Somalia. In 1999, Petitioner was charged and convicted of third degree assault for stabbing a man with a knife during a fight. Following his release from jail, the INS took Petitioner into custody and started removal proceedings against him. In March of 2002, an immigration judge found the Petitioner removable to Somalia because of his criminal conviction. This action followed.

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 there was no significant likelihood that the INS would be able to legally remove him in the foreseeable future. Petitioner sought (a) to bar the INS from deporting him to Somalia and (b) to be released from INS detention.

On July 31, 2001, the District Court (Judge John R. Tunheim) issued an order directing the respondent to show cause as to why habeas corpus should not be granted. On September 17, 2001, the Court entered a stipulation and order granting the Petitioner's motion to stay in abeyance pending the outcome of the Supreme Court's decision in Jama v. INS, and pending the INS's review of the propriety of Petitioner's pre-removal detention after the Supreme Court's ruling in Zadvyvas v. Davis.

Thereafter, Petitioner filed an amended petition. The INS moved for dismissal.

On June 10, 2003 United States Magistrate Judge (Arthur J. Boylan) issued his report and recommendation that plaintiff's petition be dismissed. Abukar v. Ashcroft, 2003 U.S. Dist.LEXIS 25142 (D. Minn., June 10, 2003). Plaintiff objected.

On March 17, 2004 the U.S. District Court for the District of Minnesota (Judge John R. Tunheim) issued an order rejecting the Report and Recommendation of Magistrate Judge Boylan as moot and that the petitioner be released from INS custody under reasonable release conditions. Abukar v. Ashcroft, 2004 U.S. Dist. LEXIS 5998 (D. Minn. 2004).

Summary Authors

Katie Goodenberger (7/6/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4296710/parties/abukar-v-ashcroft/


Judge(s)

Boylan, Arthur J. (Minnesota)

Attorneys(s) for Plaintiff

Keyes, Jeffrey J. (Minnesota)

Magnuson, Kevin M. (Minnesota)

Attorneys(s) for Defendant

Brooker, Gregory G (Minnesota)

Bryan, Lonnie F. (Minnesota)

Kovac, Paul D. (Pennsylvania)

Mack, Greg D. (District of Columbia)

Siekert, Anson P. (Minnesota)

Expert/Monitor/Master

Tunheim, John R. (Minnesota)

Judge(s)

Boylan, Arthur J. (Minnesota)

Attorneys(s) for Plaintiff

Keyes, Jeffrey J. (Minnesota)

Magnuson, Kevin M. (Minnesota)

Attorneys(s) for Defendant

Brooker, Gregory G (Minnesota)

Bryan, Lonnie F. (Minnesota)

Kovac, Paul D. (Pennsylvania)

Mack, Greg D. (District of Columbia)

Siekert, Anson P. (Minnesota)

Expert/Monitor/Master

Tunheim, John R. (Minnesota)

Documents in the Clearinghouse

Document

0:01-cv-00242

Docket [PACER]

March 17, 2004

March 17, 2004

Docket
33

0:01-cv-00242

Opinion

2003 U.S.Dist.LEXIS 25142

June 10, 2003

June 10, 2003

Order/Opinion
40

0:01-cv-00242

Opinion

2004 WL 741759, 2004 U.S.Dist.LEXIS 5998

March 17, 2004

March 17, 2004

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4296710/abukar-v-ashcroft/

Last updated Aug. 16, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

FEDERAL PETITION FOR WRIT OF HABEAS CORPUS - Assigned to Judge John R. Tunheim per habeas corpus and referred to Magistrate Judge Arthur J. Boylan, rcpt. no. 238545 4pg(s) (DFL)

Feb. 9, 2001

Feb. 9, 2001

PACER
2

MOTION by petitioner for temporary restraining order ( to Judge John R. Tunheim ) 2pg(s) (DFL)

Feb. 9, 2001

Feb. 9, 2001

PACER
3

MEMORANDUM by petitioner in support of motion for temporary restraining order [2-1] 8pg(s) (DFL)

Feb. 9, 2001

Feb. 9, 2001

PACER
4

AFFIDAVIT of Michele Garnett McKenzie regarding motion for temporary restraining order [2-1] 5pg(s) (DFL)

Feb. 9, 2001

Feb. 9, 2001

PACER
5

PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal ) on behalf of respondents by Paul D Kovac. 1 pg(s) (VEM)

March 21, 2001

March 21, 2001

PACER
6

STIPULATION of withdrawal of motion for temporary restraining order 1pg(s) (DFL)

June 11, 2001

June 11, 2001

PACER
7

ORDER ( Magistrate Judge Arthur J. Boylan / 7/30/01) directing Resp to show cause why habeas corpus writ should not be granted and allowing reply. Resp are directed tomake a return in writing. Such return shall be due 8/24/01. Petitioner shall thereafter have until 9/14/01 to serve and file a reply to Resps' return. 2 pg(s) (cc: all counsel) (VEM)

July 31, 2001

July 31, 2001

RECAP
8

MOTION by respondent to stay habeas proceeding. ( to Magistrate Judge Arthur J. Boylan ) 2 pg(s) (VEM)

Aug. 24, 2001

Aug. 24, 2001

PACER
9

MEMORANDUM by respondent in support of motion to stay habeas proceeding. [8-1] 13 pg(s) (VEM)

Aug. 24, 2001

Aug. 24, 2001

PACER
10

EXHIBITS by respondent to motion to stay habeas proceeding. [8-1] 2+pg(s) (VEM)

Aug. 24, 2001

Aug. 24, 2001

PACER
11

STIPULATION AND ORDER ( Magistrate Judge Arthur J. Boylan ) Petitioner's habeas proceeding may be stayed during the pendency of the INS'a review of the propriety of pre-removal detention of Petitioner. The INS's stipulation to not deport the Petitioner during the pendency of this action stays in effect during the stay and the remainder of this action. This stipulation is without prejudice to any right which Petitioner has to seek legal review of the INS's decision on pre-removal detention of Petitioner. [8-1] 2 pg(s)(cc: all counsel) (VEM)

Sept. 17, 2001

Sept. 17, 2001

RECAP
12

NOTICE OF APPEARANCE AND ATTORNEY SUBSTITUTION: terminating attorney Gregory Guy Brooker for Mary Ann Wyrsch, Curtis J Aljets, John Ashcroft and substituting attorney Lonnie F Bryan. (2 pg(s) (MKC)

Nov. 21, 2001

Nov. 21, 2001

PACER
13

MOTION by petitioner to amend petition for writ of habeas corpus. ( to Magistrate Judge Arthur J. Boylan ) 5 pg(s) (VEM)

April 3, 2002

April 3, 2002

PACER
14

MEMORANDUM by petitioner in support of motion to amend petition for writ of habeas corpus. [13-1] 5 pg(s) (VEM)

April 3, 2002

April 3, 2002

PACER
15

AFFIDAVIT of Kevin M Magnuson regarding motion to amend petition for writ of habeas corpus. [13-1] 2+pg(s) (VEM)

April 3, 2002

April 3, 2002

PACER
16

Respondents' non-opposition to motion to amend petition for writ of habeas corpus. [13-1] pg(s) (

April 22, 2002

April 22, 2002

PACER
17

ORDER ( Magistrate Judge Arthur J. Boylan )Petitioner's motion to amend is granted and Petitioner shall file and serve his amended habeas corpus petition within 20 days after the date of this order. [13-1] If Petitioner files an amended petition, Resps shall have 60 days thereafter in which to response to the amended petition and Petitioner shall have 10 days after the filing of the response in which to file a reply, but such reply shall not exceed 10 pages. 2pg(s) (cc: all counsel) (VEM)

April 29, 2002

April 29, 2002

RECAP
18

REPLY by petitioner to Rep's non-opposition to motion to amend petition for writ of habeas corpus. [13-1] 5 pg(s) (VEM)

April 30, 2002

April 30, 2002

PACER
19

AMENDED FEDERAL PETITION FOR WRIT OF HABEAS CORPUS - Assigned to Judge John R. Tunheim per habeas corpus and referred to Magistrate Judge Arthur J. Boylan. 5 pg(s) (VEM)

April 30, 2002

April 30, 2002

PACER
20

MOTION by respondents to hold case is abeyance, or in the alternative to extend time to file a reply to amended habeas corpus petition ( to Magistrate Judge Arthur J. Boylan ) 3pg(s) (DFL)

June 19, 2002

June 19, 2002

PACER
21

MEMORANDUM by respondents in support of motion to hold case is abeyance [20-1], of motion to extend time to file a reply to amended habeas corpus petition [20-2] 5pg(s) (DFL)

June 19, 2002

June 19, 2002

PACER
22

ORDER ( Magistrate Judge Arthur J. Boylan)that the motion to hold case is abeyance is granted. [20-1] 1 pg(s) (cc: all counsel) (VEM)

June 25, 2002

June 25, 2002

RECAP
23

REPLY by petitioner to motion to hold case is abeyance [20-1] 4pg(s) (DFL)

July 3, 2002

July 3, 2002

PACER
24

ORDER ( Magistrate Judge Arthur J. Boylan / 9/3/02) granting motion to extend time to file a reply to amended habeas corpus petition to 9/6/02 [20-2] 1pg(s) (cc: all counsel) (DFL)

Sept. 3, 2002

Sept. 3, 2002

RECAP
25

MEMORANDUM by respondents in opposition to amended habeas corpus petition [19-1] 31pg(s) (DFL)

Sept. 6, 2002

Sept. 6, 2002

PACER
26

RESPONSE by respondent to habeas corpus petition [19-1] 17pg(s) (dmn)

Sept. 6, 2002

Sept. 6, 2002

PACER
27

EXHIBITS 1-3 by respondents [26-1] separate (DFL)

Sept. 6, 2002

Sept. 6, 2002

PACER
29

PETITION AND ORDER for admission pro hac vice ( Judge John R. Tunheim ) on behalf of respondent by Greg D Mack. 2 pg(s) (VEM)

Sept. 20, 2002

Sept. 20, 2002

RECAP
28

STIPULATION AND ORDER ( Magistrate Judge Arthur J. Boylan ) Petitioner shall have an extension of time to and including October 11, 2002, within which to file his Response to Respondents' Return, Motion to Dismiss, and Memorandum in Support. 2pg(s)(cc: all counsel) (

Sept. 24, 2002

Sept. 24, 2002

RECAP
30

STIPULATION FOR EXTENSION OF TIME AND ORDER ( Magistrate Judge Arthur J. Boylan ) Petitioner shall have an extension of time to 10/22/02 within which to file his response to Resp's return, motion to dismiss and memorandum in support. 2 pg(s) (cc: all counsel) (VEM)

Oct. 21, 2002

Oct. 21, 2002

RECAP
31

MEMORANDUM by petitioner in support of amended habeas corpus petition [19-1] and oppositin to Resp's motion to dismiss [26-1] 35 pg(s) (VEM)

Oct. 24, 2002

Oct. 24, 2002

PACER
32

AFFIDAVIT of Kevin M. Magnuson regarding habeas corpus petition [19-1], regarding motion to dismiss. [26-1] 3+pg(s) (VEM)

Oct. 24, 2002

Oct. 24, 2002

PACER
33

REPORT AND RECOMMENDATION( to Judge John R. Tunheim ) ( Magistrate Judge Arthur J. Boylan ) Petitioner's amended habeas corpus petition be denied. This action be dismissed. 11 pg(s) (cc: all counsel) (VEM)

June 10, 2003

June 10, 2003

RECAP
34

OBJECTIONS by petitioner Ayub Abukar Haji to report & recommendation. [33-1] 7 pg(s) (JMM)

June 24, 2003

June 24, 2003

PACER
35

AFFIDAVIT of Kevin M. Magnuson regarding report & recommendation. [33-1] 5 pg(s) (JMM)

June 24, 2003

June 24, 2003

PACER
36

LETTER/REQUEST to court dated 11/10/03 by petitioner for relief. 13pg(s) (DFL) Modified on 11/21/2003

Nov. 10, 2003

Nov. 10, 2003

PACER
37

RESPONSE by respondents to petitioner's request for release of pending supreme court's review of the petition for writ of certiorari in Jama v INS. 11pg(s) (DFL) Modified on 02/13/2004

Feb. 12, 2004

Feb. 12, 2004

PACER
39

AFFIDAVIT of Kevin M. Magnuson re [37] Resp's Response opposing release by Ayub Abukar Haji. (VEM)

Feb. 24, 2004

Feb. 24, 2004

PACER
38

PETITONER'S REPLY to Resp's response opposing release.(VEM)

Feb. 29, 2004

Feb. 29, 2004

PACER
40

ORDER REJECTING AS MOOT Report and Recommendation [Docket No. 33]. Petitioner's habeas corpus petition will be held in abeyance consistent with this Order. Petitioner shall be released from custody under reasonable release conditions as set by the Bureau of Customs and Immigration Enforcement. Respondent is ordered to release petitioner on March 24, 2004. Signed by Judge John R Tunheim on 031704. (DML)

March 17, 2004

March 17, 2004

RECAP

Case Details

State / Territory: Minnesota

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 9, 2001

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A native Somalian refugee who was being detained for deporation due to a criminal conviction

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

Office of the Immigration and Naturalization Services (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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Habeas Corpus

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Refugees