Zekria v. Napolitano et al

Filing 7

ORDER TO SHOW CAUSE as to Ahmad Zekria.. Signed by Judge Nancy Stein Nowak. (tm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT of TEXAS
SAN ANTONIO DIVISION
AHMAD ZEKRIA, A # 200-889-188,

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Petitioner
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v.
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JANET NAPOLITANO, Secretary of the
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Department of Homeland Security, ET AL., §
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Respondents
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Civil Action
No. SA-11-CA-1066-FB

ORDER
Petitioner Ahmad Zekria’s 28 U.S.C. § 2241 Habeas Corpus Petition challenges his detention
pending removal pursuant to an order of the U.S. Department of Homeland Security’s Bureau of
Immigration and Customs Enforcement (ICE). Zekria, a citizen of Afghanistan, complains that the
removal order in his case became final on May 4, 2011, however he has not been removed and he
remains in custody. Zekria claims his potentially indefinite detention violates due process and
Zadvydas v. Davis, 533 U.S. 678, 701, 121 S. Ct. 2491, 150 L. Ed. 2d 653 (2001). In Zadvydas v.
Davis the Supreme Court held 8 U.S.C. § 1231(a)(6), the post-removal-period detention statute of
the Immigration and Nationality Act, implicitly limits an alien's detention to a period reasonably
necessary to bring about that alien's removal from the United States, which is presumably six
months, and does not permit indefinite detention. On January 13, 2012, Respondents moved that
Zekria’s Petition be denied because ICE was actively seeking travel documents from the Afghanistan
authorities for Zekria’s removal and ICE was confident such travel authorization was imminent.

Therefore the Court directs Respondents to advise this Court within twenty-one (21) days
of the status of Zekria’s removal, and if Zekria has not been removed Respondents will show
cause why the § 2241 Petition should not be granted.
SIGNED on March 1, 2012.

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NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE

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