Summary
This United States District Court order addresses a petition for a writ of habeas corpus filed by Francis Obiora Enwonwu challenging his pre-removal detention under Zadvydas v. Davis. The court finds the petition moot because the petitioner was successfully removed to Nigeria on June 19, 2025, and ICE lacks knowledge or control over his subsequent whereabouts or detention. Consequently, the court dismisses the petitions without prejudice and denies the motion for an injunction as moot.
Topics
Practice areas
Questions Presented
- Whether the petitioner’s habeas corpus petition is moot because he has been removed from the United States and is no longer in actual or constructive custody
- Whether the motion for an injunction blocking removal is moot for the same reason
Holdings
- The petition is moot because the petitioner is no longer in actual or constructive United States custody; therefore the court dismisses the petition without prejudice.
- The motion for an injunction is denied as moot because the petitioner is no longer in United States custody.
Key quotations
““After removal to Nigeria, ICE does not have any knowledge or information as to [Mr. Enwonwu’s] whereabouts, or that he has been subsequently detained. After removal to Nigeria, ICE has neither directed nor controlled the continued detention of [Mr. Enwonwu].”” (*2)
Factual background
Petitioner Francis Enwonwu was detained in the United States and filed a habeas petition seeking release. He was removed to Nigeria on June 18, 2025, and ICE indicated it no longer had custody or control over him.
Procedural history
Enwonwu filed a habeas petition in September 2024. While pending, he was removed to Nigeria on June 18, 2025. ICE affirmed it had no knowledge of his whereabouts, leading the court to find the petition moot.