Jarwang v. Immigration Customs Enforcement

Filing 3

MEMORANDUM AND ORDER that the Respondent shall answer or otherwise file a responsive pleading, together with a brief and evidence index if desired, on or before October 20, 2017. The Clerk of the Court shall mail a copy, via certified mail, of thisM emorandum and Order together with a copy of the petition to theAttorney General of the United States in Washington, D.C. and to theSecretary of Homeland Security in Washington, D.C.. The Clerk of the Court shall mail a copy of this Memorandum and Or der,together with a copy of the petition, to the Acting United States Attorneyfor the District of Nebraska at the Lincoln, Nebraska, office. RegularUnited States mail is sufficient. The Clerk of the Court shall provide CM/ECF notice to AUSA Robert Homan of the entry of this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copies mailed to pro se party and Copies mailed as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KVACH JARWANG,
Petitioner,
v.
IMMIGRATION CUSTOMS
ENFORCEMENT,
Respondent.

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8:17CV336

MEMORANDUM
AND ORDER

Petitioner, apparently a refugee from South Sudan, has filed a petition for writ
of habeas corpus under 28 U.S.C. § 2241 contesting his detention at the Douglas
County, Nebraska, jail. I now conduct an initial review. See Rule 1(b) of the Rules
Governing Section 2254 Cases in the United States District Courts (applying Rule 4
of those rules to a section 2241 petition).
Petitioner says he has been (for at least part of the time) in the Omaha jail since
he was released from a California penitentiary on December 19, 2016, to the custody
of ICE. He claims he has not been accorded an individualized bail hearing by ICE.
This period of detention with no such review, if true, is long enough to trigger a
careful review on my part. See, e.g., Jarpa v. Mumford, 211 F. Supp. 3d 706, 708 (D.
Md. 2016) (continued prolonged detention of alien, a citizen of Liberia, under
mandatory detention statute for having criminal conviction, for nearly 11 months
without individualized bail hearing and with no endpoint in sight was unreasonable
under the Fifth Amendment’s Due Process clause, such that alien was entitled to
habeas relief of bail hearing) (collecting cases).
IT IS ORDERED that:

1.

Respondent shall answer or otherwise file a responsive pleading,
together with a brief and evidence index if desired, on or before October
20, 2017.

2.

The Clerk of the Court shall mail a copy, via certified mail, of this
Memorandum and Order together with a copy of the petition to the
Attorney General of the United States in Washington, D.C. and to the
Secretary of Homeland Security in Washington, D.C.

3.

The Clerk of the Court shall mail a copy of this Memorandum and Order,
together with a copy of the petition, to the Acting United States Attorney
for the District of Nebraska at the Lincoln, Nebraska, office. Regular
United States mail is sufficient.

4.

The Clerk of the Court shall provide CM/ECF notice to AUSA Robert
Homan of the entry of this Memorandum and Order.

Dated this 20th day of September, 2017.
BY THE COURT:
s/Richard G. Kopf
Senior United States District Judge

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