Napolitano

I. BACKGROUND

DHS began detaining Owino at the end of his three-year prison sentence for second degree robbery. DHS then began removal proceedings based on the robbery conviction, and Owino sought relief from removal under several theories. An immigration judge (“IJ”) denied Owino’s requests for relief and ordered him removed. The BIA dismissed Owino’s appeal of that decision on August 2, 2006, leaving him subject to a final order of removal. Owino then filed a petition for review of the BIA’s decision in this court. As noted above, we have now resolved that appeal in the related case, Owino v. Holder, 06-74297.

Owino requested a stay of removal from this court when he filed his petition for review in the related case. Although we denied Owino’s request, thereby clearing the way for Owino’s removal, DHS’s efforts to remove Owino have so far been unsuccessful. The government attributes DHS’s inability to remove Owino to his refusal to cooperate. Shortly after the BIA dismissed Owino’s appeal in August 2006, an Immigra- tion and Customs Enforcement (“ICE”) officer presented Owino with travel forms so he could apply for permission to return to Kenya. Owino refused to sign the…