Case: Ali v. Cangemi

0:03-cv-03189 | U.S. District Court for the District of Minnesota

Filed Date: May 15, 2003

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 15, 2003, petitioner Ahmed Hassan Ali, a native of Somalia, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota, alleging that his extended detention awaiting deportation was unlawful. On June 1, 2004, the district court (Judge Donovan W. Frank) granted the writ. Judge Frank adopted Magistrate Judge Mayeron's Report and Recommendation, dated March 30, 2004, which found that because of the injunction put in place …

On May 15, 2003, petitioner Ahmed Hassan Ali, a native of Somalia, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota, alleging that his extended detention awaiting deportation was unlawful.

On June 1, 2004, the district court (Judge Donovan W. Frank) granted the writ. Judge Frank adopted Magistrate Judge Mayeron's Report and Recommendation, dated March 30, 2004, which found that because of the injunction put in place by Ali v. Ashcroft, 346 F.3d 873 (9th Cir.2003) (nationwide class action enjoining the federal government from removing detained aliens to Somalia, because there was no functioning government there that could accept their return), it did not appear that Petitioner Ali would be deported anytime soon. As such, Judge Frank found that the petitioner was entitled to release pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001). Ali v. Cangemi, 2004 WL 4000530 (D.Minn. Jun 01, 2004). The government appealed.

A panel of the Eighth Circuit Court of Appeals affirmed. Ali v. Cangemi, 384 F.3d 989 (8th Cir.2004). On November 23, 2004, the en banc court vacated the panel opinion and granted rehearing en banc. On December 29, 2004, the Bureau of Immigration and Customs Enforcement (ICE) released Ali, allegedly by mistake. Thereafter, ICE tried but could not locate, considering him a fugitive. In light of Ali's release from custody, the en banc court reversed and vacated the district court judgment, and directed the district court to dismiss the case without prejudice, finding that Ali's petition for a writ of habeas corpus was moot. Ali v. Cangemi, 419 F.3d 722 (8th Cir. 2005).

On remand on December 19, 2005, District Judge Frank dismissed the case.

Summary Authors

Dan Dalton (12/21/2007)

People


Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bye, Gareth D. (Connecticut)

Colloton, Steven M. (Iowa)

Frank, Donovan W. (Minnesota)

Gruender, Raymond W. (Missouri)

Lay, Donald Pomery (Minnesota)

Loken, James B. (Minnesota)

Melloy, Michael Joseph (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Heffelfinger, Thomas (Minnesota)

Judge(s)

Arnold, Morris Sheppard (Arkansas)

Bye, Gareth D. (Connecticut)

Colloton, Steven M. (Iowa)

Frank, Donovan W. (Minnesota)

Gruender, Raymond W. (Missouri)

Lay, Donald Pomery (Minnesota)

Loken, James B. (Minnesota)

Melloy, Michael Joseph (Iowa)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Heffelfinger, Thomas (Minnesota)

Attorneys(s) for Defendant

Bryan, Lonnie F. (Minnesota)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Paisner, Jennifer (District of Columbia)

Other Attorney(s)

Murphy, Carol A. (Washington)

Expert/Monitor/Master

Benton, Terrell W. (Georgia)

Mayeron, Janie S. (Minnesota)

Menendez, Katherine (Minnesota)

Riley, William Jay (Nebraska)

Documents in the Clearinghouse

Document

Docket

March 8, 2006 Docket
3

Order Directing Respondent to Show Why Writ Should Not Be Granted

May 22, 2003 Order/Opinion
16

Opinion

2004 U.S.Dist.LEXIS 29665

March 30, 2004 Order/Opinion
22

Opinion

2004 WL 4000530, 2004 U.S.Dist.LEXIS 29657

June 1, 2004 Order/Opinion
25-1

Memorandum in Support of Motion for Stay

June 3, 2004 Pleading / Motion / Brief
24

Motion for Stay of order or to Amend Judgment

June 3, 2004 Pleading / Motion / Brief
27-1

Response to Motion for Stay

June 4, 2004 Pleading / Motion / Brief
29

Second Motion for Stay

June 10, 2004 Pleading / Motion / Brief
32

Order Staying Judgment Pending 8th Circuit Determination

June 16, 2004 Order/Opinion
37-1

Order

ALi v. Cangemi

June 30, 2004 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Docket Text

1

FEDERAL PETITION FOR WRIT OF HABEAS CORPUS - Assigned to Judge Donovan W. Frank per habeas corpus and referred to Magistrate Judge Janie S. Mayeron. 4:03ad214. reeipt 267122. Copy to US Attorney. 7 pg(s) (VEM) (Entered: 05/21/2003)

May 15, 2003
2

MOTION by Katherine M. Menendez for order to be appointed as counsel for Petitioner( to Magistrate Judge Janie S. Mayeron ) . (2 pgs) (MKC) (Entered: 05/30/2003)

May 22, 2003
3

ORDER ( Magistrate Judge Janie S. Mayeron / 5/20/03) The Respondent is directed to make a return in writing within 20 days from the date of this order, certifying the true cause of Petitioners detention and showing cause why the writ should not be granted. 2 pg(s) (cc: all counsel) (VEM) (Entered: 06/02/2003)

May 22, 2003
4

ORDER ( Judge Donovan W. Frank / 5/23/03) granting motion for order to be appointed as counsel for Petitioner. [2-1] 1pg(s) (cc: all counsel) (VEM) (Entered: 06/03/2003)

May 27, 2003

NOTICE by petitioner of association of counsel Katherine Menendez. (VEM) Modified on 06/03/2003 (Entered: 06/03/2003)

June 3, 2003
6

NOTICE OF APPEARANCE for respondent Mark Cangemi. 2pg(s) ( (Entered: 06/06/2003)

June 3, 2003
7

MOTION by respondents for extension of time to answer or otherwise respond. ( to Magistrate Judge Janie S. Mayeron ) 2 pg(s) (VEM) (Entered: 06/11/2003)

June 6, 2003
8

MEMORANDUM by respondent in support of motion for extension of time to answer or otherwise respond. [7-1] 2 pg(s) (VEM) (Entered: 06/11/2003)

June 6, 2003
9

DECLARATION of Lonnie F. Bryan re motion for extension of time to answer or otherwise respond. [7- 1] 2 pg(s) (VEM) (Entered: 06/11/2003)

June 6, 2003
12

ORDER ( Magistrate Judge Janie S. Mayeron / 6/9/03) Resp shall be granted an extension of time to respond to the complaint to 6/13/03. [7-1] 1pg(s) (cc: all counsel) (VEM) (Entered: 06/18/2003)

June 10, 2003
10

RESPONSE by respondents Mark Cangemi and Bureau Immigration to habeas corpus petition. [1-1] 25 pg(s) (JMM) (Entered: 06/17/2003)

June 13, 2003
11

EXHIBITS 1-6 by respondents Mark Cangemi and Bureau Immigration to response. [10-1] 1+ pg(s) (JMM) (Entered: 06/17/2003)

June 13, 2003
13

MOTION by petitioner for leave to file memorandum in support of habeas petition and in response to respondents' memorandum in opposition ( to Magistrate Judge Janie S. Mayeron ) 2pg(s) (SJH) (Entered: 07/07/2003)

July 1, 2003
14

ORDER ( Magistrate Judge Janie S. Mayeron ) Upon application of the defendant and for good cause shown, the Petitioner may have until July 18, 2003, to file his memorandum in support of his habeas case [13-1]. 1pg(s) (cc: all counsel) (SJH) (Entered: 07/10/2003)

July 3, 2003
15

MEMORANDUM by petitioner in support of habeas corpus petition. [1-1] 10 pg(s) (VEM) (Entered: 07/25/2003)

July 22, 2003
16

REPORT AND RECOMMENDATION re [1] Petition for Writ of Habeas Corpus should be granted. Objections to R&R due by 4/14/2004. Signed by Judge Janie S. Mayeron on 3/30/04. (VEM) Modified on 4/3/2004 (vem). (Entered: 03/31/2004)

March 30, 2004
17

Letter to Magistate Judge Janie S. Mayeron from Katherine M. Menendez dated 9/30/03. 16pgs (VEM) (Entered: 04/03/2004)

April 2, 2004
18

OBJECTION to 16 Report and Recommendations by Respondent. (9 pgs) (MKC) (Entered: 04/16/2004)

April 14, 2004
19

EXHIBITS FOR OBJECTIONS TO REPORT AND RECOMMENDATION by Bureau of Immigration and Customs Enforcements, Mark Cangemi. (MKC) (Entered: 04/16/2004)

April 14, 2004
20

ORDER granting additional time for Petitioner to respond to objections to 16 REPORT AND RECOMMENDATION . Signed by Judge Donovan W Frank on 4/30/04. (VEM) (Entered: 05/04/2004)

April 30, 2004
21

RESPONSE to Governments objections to REPORT AND RECOMMENDATION re [1] Petition for Writ of Habeas Corpus. 6pgs (VEM) (Entered: 05/13/2004)

May 7, 2004
22

ORDER Adopting 16 Report and Recommendations. Petitioners application for a writ of habeas corpus pursuant to 28 USC 2241 is Granted. Respondents are ordered to release Petitioner from custody. Signed by Judge Donovan W Frank on 6/1/04. (lml) Modified on 6/2/2004 (LG). (Entered: 06/01/2004)

June 1, 2004
23

JUDGMENT . (Attachments: # 1 8th Circ prehrg# 2 Cv Ntc-Appeal)(MKC) (Entered: 06/02/2004)

June 2, 2004
25

MEMORANDUM in Support re 24 MOTION to Stay re 22 Order on Report and Recommendations, filed by Mark Cangemi. (Attachments: # (1) Exhibit)(Bryan, Lonnie) (Entered: 06/03/2004)

June 3, 2004
26

CERTIFICATE OF SERVICE by Mark Cangemi re 24 MOTION to Stay re 22 Order on Report and Recommendations,, 25 Memorandum in Support of Motion (Bryan, Lonnie) (Entered: 06/03/2004)

June 3, 2004
27

RESPONSE re 24 MOTION to Stay re 22 Order on Report and Recommendations,, 25 Memorandum in Support of Motion filed by Ahmed Hassan Ali. (Attachments: # 1 Certificate of Service)(Menendez, Katherine) (Entered: 06/04/2004)

June 4, 2004
28

ORDER STAYING Court's Order dated June 1, 2004, is and shall be stayed for seven (7) days pending action by the Solicitor General on the Respondent's request to appeal. Signed by Judge Donovan W. Frank on 06/04/04. (rlb) (Entered: 06/04/2004)

June 4, 2004
29

Second MOTION to Stay re 28 Order Staying Case by Mark Cangemi. (Bryan, Lonnie) (Entered: 06/10/2004)

June 10, 2004
30

MEMORANDUM in Support re 29 Second MOTION to Stay re 28 Order Staying Case filed by Mark Cangemi. (Bryan, Lonnie) (Entered: 06/10/2004)

June 10, 2004
31

CERTIFICATE OF SERVICE by Mark Cangemi re 29 Second MOTION to Stay re 28 Order Staying Case, 30 Memorandum in Support of Motion (Bryan, Lonnie) (Entered: 06/10/2004)

June 10, 2004
32

ORDER granting 29 Motion to Stay . Signed by Judge Donovan W Frank on 6/16/04. (lml) (Entered: 06/16/2004)

June 16, 2004
33

NOTICE OF APPEAL as to 28 Order Staying Case, 32 Order on Motion to Stay, 22 Order on Report and Recommendations, by Mark Cangemi. (Bryan, Lonnie) (Entered: 06/17/2004)

June 17, 2004
34

CERTIFICATE OF SERVICE by Mark Cangemi re 33 Notice of Appeal (Bryan, Lonnie) (Entered: 06/17/2004)

June 17, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 33 Notice of Appeal. Delivered/mailed two certified and one uncertified copy of each of the following to the Court of Appeals: St. Paul Office: Notice of Appeal, Order, Judgment and District Court's Docket Sheet. (VEM) (Entered: 06/17/2004)

June 17, 2004
35

ORDER of USCA as to 33 Notice of Appeal filed by Mark Cangemi the Federal Public Defender is appointed to represent the appellant. (VEM) (Entered: 06/28/2004)

June 28, 2004
36

USCA Case Number 04-2490 for 33 Notice of Appeal filed by Mark Cangemi. (VEM) (Entered: 06/28/2004)

June 28, 2004
37

ORDER of USCA as to 33 Notice of Appeal filed by Mark Cangemi the district court order requiring Ahmen Hassan Ali's relese is temporarily granted. (Attachments: # 1 Appeal Briefing Schedule)(VEM) (Entered: 07/01/2004)

July 1, 2004
38

Opinion of USCA as to 33 Notice of Appeal to 8th Circuit filed by Mark Cangemi. We now reverse and vacate the district court judgment, and direct the district court to dismiss, without prejudice, Ali's application for a writ of habeas corpus as moot. (VEM) (Entered: 10/25/2005)

Oct. 25, 2005
39

USCA JUDGMENT as to 33 Notice of Appeal to 8th Circuit filed by Mark Cangemi, it is ordered and adjudged that the judgment of the district court in this cause is reversed and the cause is remanded to the district court for proceedings consistent with the opinion of this court.(VEM) (Entered: 10/25/2005)

Oct. 25, 2005
40

ORDER Pursuant to the Order of the Eighth Circuit Court of Appeals, The Petition for Writ of Habeaus Corpus is dismissed without prejudice as moot. Signed by Judge Donovan W Frank on 12/19/05. (lml) (Entered: 12/19/2005)

Dec. 19, 2005
41

Appeal Record Returned: 33 Notice of Appeal to 8th Circuit, 1 file. (LPH) (Entered: 03/08/2006)

March 7, 2006

State / Territory: Minnesota

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 15, 2003

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A native of Somalia who filed a petition for a writ of habeas corpus

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service, 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: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Habeas Corpus

Immigration/Border:

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions