Adafia v. Cole et al

Filing 10

MEMORANDUM ORDER directing clerk to prepare summons and serve by certified mail a copy of the petition and this order upon the specified parties. Signed by Magistrate Judge Joseph H L Perez-Montes on 2/8/2018. (crt,Haik, K)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
SLIM CAESAR ADAFIA,
Petitioner

CIVIL ACTION NO. 1:17-CV-1327-P

VERSUS

JUDGE DEE D. DRELL

DAVID COLE, ET AL.,
Respondents

MAGISTRATE JUDGE PEREZ-MONTES

MEMORANDUM ORDER
Before the Court is a petition for writ of habeas corpus (28 U.S.C. § 2241) filed
by pro se Petitioner Slim Caesar Adafia (“Adafia”) (A#205015442). Adafia is an
immigration detainee in the custody of the Department of Homeland Security/U.S.
Immigration and Customs Enforcement (“DHS/ICE”). He is being detained at the
LaSalle Detention Center in Jena, Louisiana.
I.

Background
Adafia is a native and citizen of Ghana. Adafia’s order of removal became final

on July 22, 2016, when the Board of Immigration Appeals (“BIA”) dismissed Adafia’s
appeal of his order of removal. (Doc. 7-1, p. 22). Adafia claims his removal is unlikely
in the reasonably foreseeable future because the Consulate of Ghana will not issue a
travel document for Adafia to return to Ghana. (Doc. 7-1, p. 28). Therefore, Adafia
claims his continued detention violates the rule announced in Zadvydas v. Davis, 533
U.S. 678 (2001).
II.

Service of Process
To determine what action should be taken with respect to this petition,

THE CLERK IS DIRECTED to serve a summons, a copy of the petition (Doc.
1), and a copy of this Order, by certified mail, on the United States through the United
States Attorney for the Western District of Louisiana, the United States Attorney
General, U.S. Immigration and Customs Enforcement (DHS/ICE) through its
director, and the warden of the LaSalle Detention Center.
IT IS ORDERED that Respondents file an answer to the petition within sixty
(60) days following the date of service. In the answer, Respondents shall provide the
Court with summary judgment evidence indicating whether there is a significant
likelihood of removal in the reasonably foreseeable future or whether Petitioner’s
detention is otherwise lawful. This evidence shall include information regarding the
length of time that he has been in post-removal-order custody, the date on which his
removal order became final, any administrative decisions relating to Petitioner’s
request for bond, and all documents relevant to the efforts made by the immigration
officials to obtain travel documents for Petitioner.
Respondents shall also file a memorandum of law briefing the issues raised in
the answer and citing applicable statutory and case law. The memorandum should
also address whether there is a significant likelihood of removing Petitioner from the
United States in the reasonably foreseeable future.
IT IS FURTHER ORDERED that Petitioner will be given thirty (30) days
following the filing of Respondents’ answer to produce contradictory summary
judgment evidence on the issue of the lawfulness of his detention.

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All documentary exhibits MUST HAVE PROPERLY NUMBERED PAGES. An
index describing each item attached to the response and showing each item’s page
number shall also be attached.
FINALLY, IT IS ORDERED that, as a condition to their acceptance by the
Clerk, all future filings by Petitioner and Respondents shall include a certificate
stating that a copy thereof has been mailed to all other parties.
After the record is complete and all delays have run, the Court will determine
if genuine issues of material fact exist, which preclude summary judgment and
necessitate an evidentiary hearing. If no hearing is necessary, a Report and
Recommendation will be issued without further notice.
8th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of February, 2018.
____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge

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