HASHI

HASHI v. Chertoff

Good Law
535 F. Supp. 2d 1125·2008 WL 151541·2008 U.S. Dist. LEXIS 2849
United States District Court, Southern District of CaliforniaJanuary 15, 200807cv1789 WQH (JMA)California1,441 words

Opinion

Opinion

Hayes, J.

ORDER

The matter before the Court is the Petition for Writ of Habeas Corpus (Doc. # 1) filed by Petitioner Isaac Abdi Hashi.

Background

Petitioner is a native and citizen of Somalia. Petition, p. 2. In 1993, Petitioner entered the United States as a refugee and later adjusted to lawful permanent resident status. Id. at 2-3. On February 23, 2004, Petitioner was convicted of carjacking and sentenced to three years in prison. Id. at Exhibit 3. Upon release from prison, U.S. Immigration and Customs Enforcement (“ICE”) placed Petitioner in removal proceedings in Florence, Arizona where an Immigration Judge ordered him removed to Somalia. On February 8, 2007, the order of removal became final. Id.

On September 11, 2007, Petitioner filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2241 . (Doc. # 1). Petitioner alleges in the Petition that his detention is unlawful because he has been detained beyond the presumptively reasonable period of six months after his removal order became final, and there is no significant likelihood that he will actually be removed to Somalia in the reasonably foreseeable future. See Zadvydas v. Davis, 533 U.S. 678, 701 , 121…

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