Ukwu v. Holder et al

Filing 21

MEMORANDUM OPINION. Signed by Judge C Lynwood Smith, Jr on 5/24/2012. (AHI)

FILED
2012 May-24 AM 10:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SUNDAY UKWU,
Petitioner,
vs.
ERIC HOLDER, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Civil Action Number
4:11-cv-04188-CLS-JEO

MEMORANDUM OPINION
Sunday Ukwu, presently a detainee of the Bureau of Immigration and Customs
Enforcement (“ICE”) confined at the Etowah County Detention Center in Gadsden,
Alabama, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2241. (Doc. 1). The Board of Immigration Appeals has ordered Ukwu removed to
the Nigeria, and he is challenging his detention at the center beyond the removal
period pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001). After Ukwu filed the
petition, ICE obtained the requisite travel documents to return Ukwu to Nigeria and
a ticket on a commercial flight to Lagos, Nigeria, for Ukwu. (Doc. 18). However,
Ukwu refused to board the commercial flight, causing respondents to move to dismiss
the petition pursuant to 8 U.S.C. § 1231(a)(1)(C). (Id.) On April 26, 2012, the
magistrate judge assigned this case issued a Report and Recommendation, finding
that respondents’ motion is due to be granted in light of Ukwu’s lack of cooperation

with the removal proceedings. (Doc. 19). To date, the petitioner has not filed any
objections to the Report and Recommendation.
Having carefully reviewed and considered de novo all the materials in the court
file, the court is of the opinion that the magistrate judge’s report is due to be adopted
and approved.

The court hereby adopts and approves the findings and

recommendation of the magistrate judge as the findings and conclusions of the court.
Accordingly, respondents’ motion to dismiss (doc. 18) is due to be granted, and the
petition dismissed with prejudice. An appropriate order will be entered.
DONE this 24th day of May, 2012.

______________________________
United States District Judge