(HC)Bowen
(HC)Bowen v. Garland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERROL ALEXANDER JOSEPH No. 1:22-cv-00402-SKO (HC)
BOWEN, JR.,
ORDER TO SHOW CAUSE WHY Petitioner, PETITION SHOULD NOT BE GRANTED 13 v. [FORTY-FIVE DAY DEADLINE] 14 MERRICK GARLAND, et al.,, 15 Respondents.
17 Petitioner has filed a petition for writ of habeas corpus challenging his indefinite detention 18 by the United States Bureau of Immigration and Customs Enforcement (“ICE”). 19 Petitioner was born in the U.S. Virgin Islands to Belizean parents, but believes himself to 20 be stateless. Petitioner states he has been continuously detained by ICE since approximately 21 October 1, 2020, and received a final order of removal on July 16, 2021. He states he has been in 22 ICE custody for more than six months since his removal order became final. 23 Petitioner contends that his detention pursuant to 8 U.S.C. § 1231(a)(2) has exceeded the 24 six-month presumptive period set forth in Zadvydas v. Davis, 533 U.S. 678 (2001), that his 25 continued detention is no longer…