Jerve Ndayizeye v. Warden, Chase County Detention Center

Summary

The United States District Court for the District of Kansas granted Jerve Ndayizeye’s 28 U.S.C. § 2241 habeas petition challenging his continued immigration detention. Applying Zadvydas v. Davis, the court concluded that his detention had become unreasonably indefinite because removal was not reasonably foreseeable and ordered his release subject to supervision by December 1, 2025.

Holdings

1. The district court had habeas corpus jurisdiction under § 2241 to consider petitioner's statutory and constitutional challenges to his immigration detention because those challenges were unrelated to the final order of removal.
2. Continued detention became unlawful because petitioner had shown good reason to believe that there was no significant likelihood of removal in the reasonably foreseeable future, and the Government failed to rebut that showing.
3. Petitioner was entitled to release from immigration custody subject to appropriate terms of supervision.

Questions Presented

1. Whether the district court had habeas jurisdiction under 28 U.S.C. § 2241 to review statutory and constitutional challenges to immigration detention unrelated to the final order of removal.
2. Whether petitioner's continued detention had become unreasonably indefinite under the framework of Zadvydas v. Davis.
3. Whether the Government rebutted petitioner's showing that there was no significant likelihood of removal in the reasonably foreseeable future.

Disposition

writ_granted