Summary
This federal district court decision addresses a habeas corpus petition filed by an individual detained by ICE who claimed entitlement to release based on pending Temporary Protected Status (TPS) applications. The court analyzed whether it had jurisdiction over the detention challenge despite statutory bars on reviewing removal proceedings, ultimately concluding that subject-matter jurisdiction existed. However, the court denied relief because USCIS determined the petitioner was not prima facie eligible for TPS, and the petitioner failed to demonstrate that his detention had become unconstitutionally protracted or that the agency's procedural approach violated statutory requirements. The petition was denied and the prior temporary restraining order was vacated.
Topics
Practice areas
Questions Presented
- Whether 8 U.S.C. §1252(g) deprives the district court of jurisdiction to consider a habeas petition related to a removal order.
- Whether Osman is prima facie eligible for TPS and therefore entitled to release pending adjudication of his application.
Holdings
- The court has jurisdiction; §1252(g) does not bar consideration of a habeas petition merely because it relates to a removal order.
- Osman failed to establish prima facie eligibility for TPS; consequently, his habeas petition is denied and the temporary restraining order is vacated.
Key quotations
“The statute, however, does not bar the court from considering a petition for a writ of habeas corpus merely because it has some relationship to a removal order.” (at 1)
“Only a TPS applicant “who can establish a prima facie case of eligibility for benefits” under 8 U.S.C. §1254a(1) is entitled to those benefits pending resolution of his application.” (at 1)
Factual background
Saad Osman, a Somali citizen, received a final removal order on Jan. 22, 2024. He applied for Temporary Protected Status on Aug. 20, 2024. After being released from ICE custody in Oct. 2024, he was re‑detained on Feb. 5, 2025. USCIS later determined he was not prima facie eligible for TPS. Osman filed a habeas petition alleging unlawful detention.
Procedural history
Osman was ordered removed, applied for TPS, was detained, and filed a habeas petition challenging his detention on the basis of alleged prima facie eligibility for TPS. The district court considered jurisdiction under 8 U.S.C. §1252(g) and the merits of his eligibility claim.