Pascal Karuhije v. David Venturella, Acting Director ICE, George Valdez, Field Director ICE, and Juan Baltazar, Warden

Summary

The United States District Court for the District of Colorado denied Pascal Karuhije’s amended petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court held that his due process challenge to continued immigration detention was moot because respondents represented that they could deport him promptly, and concluded that he was not entitled to a credible fear interview or additional protections based on the record. The court vacated its removal-related show-cause order, directed respondents to deport him by July 13, 2026, and ordered status reports.

Holdings

1. The due process challenge to Karuhije's continued detention was moot because Respondents represented that they were ready and able to deport him immediately, which would end his immigration detention.
2. Karuhije was not entitled to a credible-fear interview under 8 C.F.R. § 208.30 because he was detained under 8 U.S.C. § 1231, not under 8 U.S.C. § 1225.
3. Karuhije failed to establish that the Attorney General was required to provide additional protection against removal to the Democratic Republic of Congo under 8 U.S.C. § 1231(b).
4. No legal obstacle required the court to prevent Respondents from deporting Karuhije, and the court therefore vacated its prior order directing that he not be removed from Colorado or the United States.

Questions Presented

1. Whether Karuhije's due process challenge to his continued immigration detention was moot because Respondents were able and willing to deport him immediately.
2. Whether Karuhije was entitled to a credible-fear interview under 8 C.F.R. § 208.30.
3. Whether Karuhije established entitlement to protections under 8 U.S.C. § 1231(b), including withholding of removal based on fear of persecution in the Democratic Republic of Congo.
4. Whether any remaining legal obstacle required the court to prevent Respondents from deporting Karuhije.

Disposition

writ_denied