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Drame v. Gonzales

United States District Court, D. Kansas

March 14, 2017

DAOUDA DRAME, Petitioner,
v.
ALBERTO GONZALES, MICHAEL CHERTOFF, RICARDO WONG, and FNULNU, Warden, Defendant.

          MEMORANDUM AND ORDER

          JOHN W. LUNGSTRUM U.S. District Judge.

         This 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.

         Background

         Petitioner 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.)

         Petitioner was convicted of criminal offenses in three cases filed in the District Court of Douglas County, Kansas:

         (1) On January 22, 2016, he was convicted of aggravated battery in Case No. 2015CR566. He was sentenced to a term of 24 months.

         (2) On June 5, 2015, he was convicted of possession of marijuana in Case No. 2015CR25. He was sentenced to a term of 12 months.

         (3) On June 5, 2015, he was convicted of criminal threat in Case No. 2014CR505. He was sentenced to a term of 6 months.

         The 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., Exs. A-C.

         On 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.

         On 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.

         On 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.

         On 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.

         On May 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 ...


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