Mohamed v. Secretary Homeland Security et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Respondents Kirstjen Nielsen, Secretary of the Department of Homeland Security, Jefferson B. Sessions, United States Attorney General, and Peter Berg, Acting ICE Field Office Director's objections (Doc . No. 12 ) to Magistrate Judge David T. Schultzs March 23, 2018 Report and Recommendation are OVERRULED. Magistrate Judge David T. Schultz's March 23, 2018 Report and Recommendation (Doc. No. 11 ) is ADOPTED. Petitioner's Petition for Wr it of Habeas Corpus (Doc. No. 1 ) is GRANTED as follows: a. Within thirty (30) days of the date of this Order, ICE shall hold a bond hearing or release Petitioner from custody on such terms and conditions as it deems necessary to protect the commun ity and ensure Petitioners appearance; and b. In the event ICE does not conduct a bond hearing within thirty (30) days of this order, a Writ of Habeas Corpus shall issue immediately compelling Petitioners unconditional release(Written Opinion). Signed by Judge Donovan W. Frank on 5/25/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Awil Mohamed,

Civil No. 17-5055 (DWF/DTS)
Petitioner,

v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Secretary Department of Homeland Security;
Jefferson B. Sessions, Attorney General;
Peter Berg, Acting ICE Field Office Director;
and Kurt Freitag, Freeborn County Sheriff,
Respondents.

This matter is before the Court upon Respondents Kirstjen Nielsen, Secretary of
the Department of Homeland Security, Jefferson B. Sessions, United States Attorney
General, and Peter Berg, Acting ICE Field Office Director’s (“Respondents”) objections
(Doc. No. 12) to Magistrate Judge David T. Schultz’s March 23, 2018 Report and
Recommendation (Doc. No. 11) insofar as it recommends that: (1) on or before April 20,
2018, ICE shall hold a bond hearing or release Petitioner Awil Mohamed (“Petitioner”)
from custody on such terms and conditions as it deems necessary to protect the
community and ensure Petitioner’s appearance; and (2) in the event ICE does not conduct
a bond hearing on or before April 20, 2018, that a Writ of Habeas Corpus issue
immediately compelling Petitioner’s unconditional release.
The factual background for the above-entitled matter is clearly and precisely set
forth in the Report and Recommendation and is incorporated by reference for purposes of
Respondents’ objections. In short, this case involves Petitioner’s petition for a Writ of

Habeas Corpus seeking release from custody pending removal. In the Report and
Recommendation, the Magistrate Judge concluded that Petitioner, having been detained
for over 15 months at the time of the Report and Recommendation and not currently
being subject to an actionable final removal order, was entitled to a bond hearing to
determine whether his release would pose a risk of flight or danger to the community. In
reaching this conclusion, the Magistrate Judge carefully analyzed the state of the law on
pre-removal detention pursuant to 8 U.S.C. § 1226(c). Respondents object to the Report
and Recommendation, arguing that Petitioner’s pre-removal detention is proper.
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). After this review, the Court finds no reason that would warrant a departure
from the Magistrate Judge’s recommendations. The Court finds that Petitioner’s
continued detention has been so prolonged as to require a bond hearing to determine
whether his release would pose a risk of flight or danger to the community. The Court
also grants Respondents’ request for thirty days to implement the Court’s order.
Therefore, based upon the de novo review of the record and all of the arguments and
submissions of the parties and the Court being otherwise duly advised in the premises, the
Court hereby enters the following:
ORDER
1.

Respondents Kirstjen Nielsen, Secretary of the Department of Homeland

Security, Jefferson B. Sessions, United States Attorney General, and Peter Berg, Acting
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ICE Field Office Director’s objections (Doc. No. [12]) to Magistrate Judge David T.
Schultz’s March 23, 2018 Report and Recommendation are OVERRULED.
2.

Magistrate Judge David T. Schultz’s March 23, 2018 Report and

Recommendation (Doc. No. [11]) is ADOPTED.
3.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. No. [1]) is

GRANTED as follows:
a.

Within thirty (30) days of the date of this Order, ICE shall

hold a bond hearing or release Petitioner from custody on such terms and
conditions as it deems necessary to protect the community and ensure
Petitioner’s appearance; and
b.

In the event ICE does not conduct a bond hearing within

thirty (30) days of this order, a Writ of Habeas Corpus shall issue
immediately compelling Petitioner’s unconditional release.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 25, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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