United States District Court, E.D. Michigan, Southern Division
Abdou Karim Sall, Petitioner.
Director, U.S. Immigration and Customs Enforcement, et al., Respondents.
Stephanie Dawkins Davis U.S. Magistrate Judge
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
J. Tarnow Senior United States District Judge
Abdou Karim Sall, a native and citizen of Senegal, filed a
Petition for Writ of Habeas Corpus [Dkt. 1] on March 21,
2018. Mr. Sall asks the Court to, among other things, issue a
writ of habeas corpus directing Respondents - the Immigration
and Customs Enforcement (“ICE”) Agency's
District Director for the Detroit office, Rebecca Adducci,
ICE Deputy Director Thomas D. Homan, U.S. Secretary of
Homeland Security Kirstjen M. Nielson, U.S. Attorney General
Jefferson B. Sessions III, and Lieutenant Paul Stanaway - to
release him immediately, subject to reasonable terms of
supervision. Mr. Sall argues that he is being unlawfully
detained and that he is not subject to the
mandatory detention provisions of section 236(c) of the
Immigration and Nationality Act (“INA”), 8 U.S.C.
argue that Mr. Sall's detention pending completion of
removal proceedings is mandated by § 1226(c). They
maintain that the Court should defer to the Board of
Immigration Appeals' (“BIA”) interpretation
of § 1226(c), as well as its decision in In re
Rojas, 23 I. & N. Dec. 117 (B.I.A. 2001). See
Chevron, U.S.A., Inc. v. Natural Res. Def. Council,
Inc., 467 U.S. 837 (1984).
reasons discussed below, the Court will
GRANT Mr. Sall's Petition for Writ of
Habeas Corpus .
and Procedural Background
Petitioner Abdou Karim Sall is a native and citizen of
Senegal. Mr. Sall's father, a former employee at the
Senegal Consulate, helped his son enter the U.S. with a valid
visa in April 2002. Mr. Sall's father returned to Senegal
two years later.
after arriving in the U.S., Mr. Sall began working as a
street vendor in New York, making approximately $30-$40 per
day. He was convicted of petit larceny in Hempstead, New York
on November 22, 2006. Four or five years later, Mr. Sall met
his current wife, Kalissa Maxwell-Sall, who is an American
citizen. He converted to Christianity around this time.
Sall was convicted of four fraud-related offenses in New York
between September 2010 and December 2012. These convictions,
for third degree trademark counterfeiting and theft of
services, related to his work as a street vendor and his
failure to pay for public and private transportation in New
Sall's son, Elhadji Sall, was born in New York in June
2013. It appears that Mr. Sall and his family moved to
Michigan sometime after 2015.
Sall suffers from bipolar disorder. During the summer of
2017, Kalissa observed her husband's mental health issues
for the first time. He behaved in erratic, strange, and
aggressive ways. One day, in June 2017, Mr. Sall apparently
wandered away from home. When Kalissa found him and he
returned home, he hit her on the back and on the back of the
head. Mr. Sall was convicted of a disorderly person offense
on June 27, 2017. The following day, Mr. Sall was taken into
10, 2017, an Immigration Court judge denied Mr. Sall's
request for an individualized bond hearing, on the grounds
that Mr. Sall is subject to mandatory detention pursuant to 8
U.S.C. § 1226(c). Mr. Sall did not apply for asylum
until he was in immigration court.
and Mr. Sall married on August 18, 2017, while Mr. Sall was
in custody. Their daughter, Adalisa Gloriana Sall, was born
in White Lake, Michigan in October 2017.
November 20, 2017, a second Immigration Court judge denied
Mr. Sall's application for asylum and ordered that he be
removed to Senegal. The judge also, however, granted Mr.
Sall's application withholding of removal, which forbids
the Department of Homeland Security (“DHS”) from
removing Mr. Sall to Senegal. Mr. Sall waived his ...