United States District Court, N.D. Texas, Dallas Division
RONALD LUHUMUZYA KAIJAGE A-No. 095534254, Petitioner,
JIMMY JOHNSON, Warden, Respondent.
FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
L. HORAN, UNITED STATES MAGISTRATE JUDGE
Ronald Luhumuzya Kaijage, a detainee at the Prairieland
Detention Center, filed a 28 U.S.C. § 2241 petition.
See Dkt. No. 3. His action has been referred to the
undersigned United States magistrate judge for pretrial
management under 28 U.S.C. § 636(b) and a standing order
of reference from United States District Judge Karen Gren
twice amended his petition. See Dkt. Nos. 6, 7, 8,
9, 11, & 12. The government filed a response to his
claims as amended. See Dkt. No. 14 & 15. And
Kaijage filed a reply brief. See Dkt. No. 16.
undersigned enters these findings of fact, conclusions of
law, and recommendation that, for the reasons explained
below, the Court should deny the petition.
government explained in its response,
Petitioner is a native and citizen of the Democratic Republic
of Congo. Petitioner was ordered deported on October 2, 2003,
after having entered the country without inspection. [Dkt.
No. 15 (“App.”)] pp. 2, at ¶ 4; 6; 14. He
appealed, and the Board of Immigration Appeals affirmed on
May 10, 2005, making it the final order of removal. App. p.
5. ICE ERO (Enforcement and Removal Operations) was unable to
obtain travel documents to remove Petitioner to the
Democratic Republic of Congo, so Petitioner was first
released on an Order of Supervision on December 23, 2009.
App. p. 2, at ¶ 7.
During his time on supervision, Petitioner has not assisted
ERO in obtaining a passport or travel document from the
Democratic Republic of Congo. App. p. 2, at ¶ 8.
Petitioner was taken into ICE custody on November 6, 2018,
when he reported for supervision because it was determined
travel documents could be obtained. App. p. 2, at ¶ 8.
On January 8, 2019, a travel document was issued for
Petitioner. App. p. 3, at ¶ 9. Petitioner was originally
scheduled for removal on March 14, 2019, but the date had to
be rescheduled due to flight availability. App. p. 3, at
¶ 10. Petitioner is now scheduled to be removed on April
2, 2019. App. p. 3, at ¶ 11.
Dkt. No. 18 at 1-2.
does not refute this factual background. See
generally Dkt. No. 16. But, based on his reply brief,
which Kaijage signed on April 12, 2019, see Id. at
11, he was not removed from the United States on April 2,
Standards and Analysis
Kaijage's removal order was final when he filed this
action in February 2019, see Dkt. No. 1, his
detention at that time was governed by 8 U.S.C. § 1231,
which provides that the Attorney General shall remove the
alien within a period of 90 days, during which time the alien
shall be detained, § 1231(a)(1)(A), (a)(2). If he is not
removed within the 90-day period, he may be detained beyond
that time or released subject to the terms of supervision
prescribed by the Attorney General. § 1231(a)(3), (6).
It is presumptively constitutional for an alien to be