Farish

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ABDUL MUIZZ FARISH Case No.: 20cv1716-LAB (MSB)

Petitioner,

ORDER DENYING MOTION TO

v. PROCEED IN FORMA

PAUPERIS; AND

DHS, et al.

Respondents. ORDER DISMISSING PETITION

WITHOUT PREJUDICE

17 18 Petitioner Abdul Muizz Farish, a Fijian national in federal custody and subject to a final order of removal, filed his petition under 28 U.S.C. § 2241. Farish alleges that his order of removal became final on January 13, 2020, but that the government has not yet removed him to Fiji because of COVID- related restrictions on overseas flights. Farish argues that his continued detention is illegal under Zadvydas v. Davis, 533 U.S. 678 (2001), because six months has elapsed since his order of removal became final and yet he is being kept in custody with no immediate prospect of either removal or conditional release. Although Farish paid the mandatory filing fee, he also filed a…