United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM U.S. District Judge.
matter is a petition for habeas corpus filed under 28 U.S.C.
§2241. Petitioner is in custody under an order of
removal entered on April 14, 2016, in the immigration court
in Kansas City, Missouri. He seeks immediate release from
detention, preliminary and permanent injunctive relief from
detention, and costs and fees.
is a native of Senegal who entered the United States on or
about January 29, 2009, as a lawful permanent resident. (Doc.
#9, Ex. 1, Rita Lasker declaration.)
was convicted of criminal offenses in three cases filed in
the District Court of Douglas County, Kansas:
January 22, 2016, he was convicted of aggravated battery in
Case No. 2015CR566. He was sentenced to a term of 24 months.
June 5, 2015, he was convicted of possession of marijuana in
Case No. 2015CR25. He was sentenced to a term of 12 months.
June 5, 2015, he was convicted of criminal threat in Case No.
2014CR505. He was sentenced to a term of 6 months.
sentence imposed in 2015CR25 is consecutive to the sentence
in 2014CR505, and the sentence imposed in 2015CR566 is
consecutive to those sentences. Petitioner's sentence was
suspended and he was sentenced to probation. Id.,
March 29, 2016, Immigration and Customs Enforcement
(“ICE”) issued a notice to appear, charging
petitioner with removability under INA §
237(a)(2)(A)(iii) due to his conviction of an aggravated
felony, a crime of violence with a term of imprisonment of at
least one year ordered. Petitioner received a copy of that
notice on March 29, 2016. Id., Ex. D.
April 1, 2016, a Notice of Hearing in Removal Proceedings was
issued, with a hearing set for April 14, 2016. Petitioner
received personal notice of the hearing. Id., Ex. E.
April 14, 2016, petitioner was ordered removed. He waived
appeal. A decision was sent to him on the same date.
Petitioner was allowed to contact his family by telephone to
bring his passport and/or birth certificate to the Kansas ICE
Enforcement and Removal Office, but he reported they were
unable to locate the documents.
April 18, 2016, a Warrant of Removal/Deportation was issued
for petitioner. On the same date, the Deportation Officer,
Rita Lasker sent a travel document request to the Embassy of
the Republic of Senegal. Id., Lasker declaration.
10, 2016, Lasker contacted the embassy to check the status of
the request but was not successful. On May 13, 2016, she
served petitioner a Notice to Alien of File Custody Review
and Warning for Failure to Depart with ...