Hagie v. Holder et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Kamara Hagie, 11 MOTION for immediate release filed by Kamara Hagie is DENIED. Signed by Judge Kristi K. DuBose on 8/12/09. (adk)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION KAMARA HAGIE, Petitioner, v. ERIC HOLDER, et al., Respondent. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 09-197-KD-N

ORDER After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge dated July 23, 2009 and made under 28 U.S.C. § 636 is ADOPTED as the opinion of this Court. It is ORDERED that the petitioner's habeas petition (Doc. 1) and Motion for Immediate Release (Doc. 11) (which contains a motion for leave to supplement) are DENIED and that this action is DISMISSED without prejudice.1 DONE and ORDERED this the 12th day of August 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

In so doing, the Court notes that Plaintiff did not complete the necessary travel documentation until March 4, 2009 such that his own inaction impeded the removal process. 8 U.S.C. § 1231(a)(1)(A) and (C) (providing that the government has a 90-day period to remove an alien but that the removal period "shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal subject to an order of removal." See, e.g., Kabba v. Holder, Slip Copy, 2009 WL 1033261, *1-2 (S.D. Ala. Apr. 8, 2009) (discussing Zadvydas v. Davis, 533 U.S. 678, 687-88 (2001) and Akinwale v. Ashcroft, 287 F.3d 1050, 1051-1052 (11th Cir. 2002)).

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