Abdul v. Holder

Filing 20

ORDER for Additional Response, by Magistrate Judge Gordon P. Gallagher on 8/25/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00795-LTB
KAYUM ABDUL,
Applicant,
v.
LORETTA A. LYNCH, Attorney General,
Respondent.

ORDER FOR ADDITIONAL RESPONSE

Applicant, Kayum Abdul, is a citizen of Bangladesh. He has been ordered removed
from the United States to his native country. In his Application for Writ of Habeas Corpus
he complains that United States Immigration and Customs Enforcement (ICE) is holding
him too long before removing him. On June 30, 2015, the Court ordered Respondent to
show cause why the Application should not be granted. On July 21, 2015, Respondent
filed a Response (ECF No. 19), which indicates that Mr. Abdul is the cause of the delay in
his removal and, thus, his continued detention.
In her Response, Respondent references several Orders and documents that were
not provided to the Court. Specifically, Respondent references an Order of Removal, see
ECF No. 19, p. 2 referencing a “Doc. 6.” In addition, many documents are referenced in
the attached Declaration of Carl J. Zabat. However, none of these documents were
attached or filed with the Response.
In addition, Respondents argument relies on the Supreme Court case of Zadvydas
v. Davis, 533 U.S. 678 (2001). However, that case specifically provides.
We deal here with aliens who were admitted to the United States but
subsequently ordered removed. Aliens who have not yet gained initial

admission to this country would present a very different question.
Zadvydas, 533 U.S. at 682.
Respondent asserts that “Petitioner is removable pursuant to 8 U.S.C. §
1182(a)(7)(A)(i)(I) because he is an immigrant who is not in possession of a valid,
unexpired immigrant visa, reentry permit, border crossing identification card, or other valid
entry document as required, and a valid unexpired passport or other suitable travel
document or document of identity and nationality.” Accordingly, it is
ORDERED that, on or before September 8, 2015, Respondent file a copy of all of
the documents referenced in its initial Response (ECF No. 19), including, but not limited
to, a copy of the order of Removal and copies of all of the documents referenced in the
Declaration of Carl J. Zabat. It is
FURTHER ORDERED that, on or before September 8, 2015, Respondent file a
Supplemental Response explaining whether Mr. Abdul is an alien who was admitted to the
United States but subsequently ordered removed or whether he is an alien who has not yet
gained initial admission to this country, including any relevant argument regarding his
Application in regards to his status.
DATED August 25, 2015, at Denver, Colorado.
BY THE COURT:
/s Gordon P. Gallagher
United States Magistrate Judge