United States District Court, E.D. Michigan, Southern Division
ORDER DENYING PLAINTIFF'S PETITION FOR WRIT OF
HABEAS CORPUS [#1]
Page Hood, United States District Court Judge.
April 4, 2019, Petitioner James Dut (“Dut”) filed
the instant Petition for a Writ of Habeas Corpus under 28
U.S.C. § 2241. (Doc # 1) On April 12, 2019, the Court
issued an Order Directing Service and Response and staying
the removal of Dut. (Doc # 2) On April 18, 2019, the Court
entered a Stipulated Order vacating the stay of removal. (Doc
# 4) On April 23, 2019, the Government filed a Response. (Doc
# 5) The Court held a hearing on April 30, 2019.
a native of South Sudan. (Doc # 1, Pg ID 6) Dut entered the
United States as part of a “Lost Boys of Sudan”
resettlement program in 2001 and was subsequently granted
permanent resident status on June 6, 2006. (Id.)
Between June 1, 2016 and April 26, 2017, Dut committed
approximately 15 misdemeanor offenses and one felony offense.
(Id.) Dut committed the felony offense on April 26,
2017, and it involved an alleged first-degree home invasion
in violation of MCL 750.110a(2). (Id.) Dut pled nolo
contendre to this felony on October 9, 2017 and was sentenced
to one year in prison with credit for time served.
Dut's criminal sentence, he was transferred to U.S.
Immigration and Customs Enforcement (“ICE”)
custody and deportation proceedings subsequently commenced.
(Id. at 6-7.) Dut was ordered removed on September
7, 2018. (Id. at 7.) He chose not to appeal his
removal, and the time to do so has passed. (Id.) Dut
has been in ICE custody for over eleven months pending his
removal to South Sudan.
to a declaration of Jason Zywica (“Zywica”), ICE
The United States has a repatriation agreement with South
Sudan and South Sudan has cooperated in the issuance of
travel documents for the removal of its citizens. . . .
[Zywica] completed a request for a travel document to remove
Dut to South Sudan on October 29, 2018 and forwarded it on
October 30th. . . .With recent South Sudanese
cases, travel documents have been successfully issued
following a case review and interview by South Sudanese
consular officials. . . . If the alien cooperates in the
interview, a travel document is typically issued three to
four weeks after the interview. ICE was unable to get a
confirmed appointment to present the request to the South
Sudan Embassy until March 22, 2019. There is no indication
that the South Sudan Embassy will not issue a travel document
for Dut. Dut is scheduled for an interview with consular
officials from the South Sudan Embassy on April 24, 2019.
A 90-day Post Order Custody Review (POCR) was completed and a
letter was signed on January 4, 2019, continuing Dut's
detention because ICE expects his removal to occur in the
near future and because of his criminal history. A 180-day
POCR was completed on April 8, 2019, and a decision regarding
continued detention is forthcoming. Based on [Zywica's]
experience in removing aliens to South Sudan, [he believes]
Dut's removal is significantly likely to occur in the
reasonably foreseeable future.
(Doc # 5-1, Pg ID 39-40)
seeks release from ICE custody under supervision via the
instant Petition for a Writ of Habeas Corpus filed under 28
U.S.C. § 2241. He argues that his detention is
unconstitutional because it has been indefinitely extended
beyond the detention period authorized by 8 U.S.C. §
1231(a)(6) of the Immigration and Nationality Act.
courts have jurisdiction to consider challenges to the
lawfulness of immigration-related detention in habeas
proceedings. Zadvydas v. Davis, 533 U.S. 678, 687-88
(2001). A district court has the power to grant a writ of
habeas corpus in accordance with 28 U.S.C. § 2241, which
provides in pertinent part:
(a) Writs of habeas corpus may be granted by the Supreme
Court, any justice thereof, the district courts and any
circuit judge within their respective jurisdictions. . . .
(c) The writ of habeas corpus shall not extend to a prisoner
unless-- (1) He is in custody under or by color of the
authority of ...