United States District Court, D. Kansas
MEMORANDUM AND ORDER
W. LUNGSTRUM, UNITED STATES DISTRICT JUDGE
matter is a petition for writ of habeas corpus filed under 28
U.S.C. § 2241. Petitioner is detained at the Chase
County Adult Detention Center in Cottonwood Falls, Kansas,
under an order of removal entered by the immigration court in
Kansas City, Missouri. Petitioner seeks immediate release
from custody, asserting that his continued detention pending
removal has exceeded the six-month period considered
about December 29, 2005, Petitioner, a native and citizen of
Kenya, entered the United States at Chicago, Illinois, with
an F-1 Student Visa. (Doc. 4-1, at 4.) On June 29, 2015, an
immigration judge in Kansas City, Missouri, ordered
Petitioner removed to Kenya and denied his application for
relief. Id. On July 29, 2015, Petitioner appealed
the immigration judge's order to the Board of Immigration
Appeals (“BIA”). On July 18, 2016, the BIA
dismissed the appeal. Id.
September 9, 2016, a Warrant of Removal/Deportation was
issued for Petitioner. Id. at 26. On October 3,
2016, Petitioner was taken into custody by ICE. Id.
at 4. On October 18, 2016, Petitioner filed an Application
for a Stay of Deportation or Removal with ICE in Kansas City,
MO. Id. at 5. The Application was denied by the
Field Office Director in Chicago, Illinois, on October 21,
2016. Petitioner filed the instant habeas petition on May 23,
requires a travel document for anyone being removed who is
not in possession of a valid passport. Id.
Deportation Officer Katy Casselle (“Casselle”)
sent a travel document request via UPS to the Kenya Consulate
in Los Angeles, California, on October 28, 2016. Id.
December 28, 2016, Deportation Officer Dustin Sutton
completed the Post Order Custody Review (“POCR”)
and determined that Petitioner should continue to remain in
ICE custody based on the pending request for a Kenya travel
document. On December 29, 2016, the field office and field
office director recommended continuing Petitioner's
detention, based on the following facts: (1) Petitioner
failed to maintain or comply with conditions of his admission
as an F-1 Student; (2) Petitioner was ordered removed to his
homeland of Kenya; and (3) Petitioner's travel document
request is currently pending with the Kenya Consulate.
Id. The Decision to Continue Detention was entered
on December 29, 2016, and served personally on Petitioner on
January 4, 2017. Id. at 5, 28-29.
March 15, 2017, Casselle spoke by phone with Immigration
Officer Evelyn (“Evelyn”) at the Kenyan
Consulate. Id. at 6. They arranged for the Consulate
to have a telephonic interview with Petitioner on March 17,
2017, and Petitioner's telephonic interview was conducted
by Evelyn on that date. Id.
March 29, 2017, Casselle completed the Transfer Checklist for
the 180-day Post Order Custody Review (“POCR”),
and transferred the checklist to ICE Enforcement and Removal
Office Headquarters Removal and International Operations
(“ICE/ERO HQ RIO”). Id.
April 3, 2017, Casselle called the Kenya Consulate and was
notified that Evelyn was not available. Id. On April
5, 2017, Casselle spoke with Evelyn, who stated that she did
not need any additional information from ICE, and that she
may be able to complete and issue the travel document for
Petitioner before the week was over. Id. On April 6,
2017, a Decision to Continue Detention was entered by ICE/ERO
HQ RIO, and the decision was served on Petitioner on May 9,
2016. Id. at 6, 30-31.
called the Kenya Consulate on April 10, and April 24, 2016,
and was told that Evelyn was either out of the office or
unavailable. Id. at 6-7. On April 25, 2016, Casselle
spoke with Evelyn, who requested to speak again with
Petitioner and indicated that once she spoke with Petitioner
she might be able to complete and issue the travel document
for Petitioner. Id. at 7. On April 26, 2017, Evelyn
conducted Petitioner's telephonic interview. Id.
called the Kenya Consulate on May 3, May 9, May 16, May 25
and May 30, 2017, and was told that Evelyn was either out of
the office or not available. Id. Casselle called on
May 10, 2017, and was unable to reach anyone. Id.
30, 2017, Casselle requested assistance from ICE Headquarters
to obtain a travel document for Petitioner by emailing Robert
Tremont-the Point of Contact for cases involving Kenyan
nationals. Id. Tremont notified Casselle on May 30,
2017, that he is attempting to arrange face-to-face
interviews with the Embassy of Kenya, for many Kenyan
nationals with Final Orders. Id. at 8.
14, 2017, Casselle completed the Transfer Checklist for the
270-day POCR, and transferred the checklist to ICE/ERO HQ
RIO. Id. A Decision to Continue Detention was
entered on June 16, 2017, ...