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Kaijage v. Johnson

United States District Court, N.D. Texas, Dallas Division

April 17, 2019

RONALD LUHUMUZYA KAIJAGE A-No. 095534254, Petitioner,
v.
JIMMY JOHNSON, Warden, Respondent.

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

          DAVID L. HORAN, UNITED STATES MAGISTRATE JUDGE

         Petitioner 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 Scholer.

         Kaijage 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.

         The undersigned enters these findings of fact, conclusions of law, and recommendation that, for the reasons explained below, the Court should deny the petition.

         Applicable Background

         As the 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.

         Kaijage 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, 2019.

         Legal Standards and Analysis

         As 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, ยง 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. ยง 1231(a)(3), (6). It is presumptively constitutional for an alien to be ...

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