Mohammad A. v. U.S. Immigration and Customs Enforcement, Administrator Sherburne County Jail, and ICE Field Office Director

Summary

The United States District Court for the District of Minnesota recommends granting Mohammad A.'s 28 U.S.C. § 2241 habeas petition challenging his immigration detention. The court concludes that ICE failed to comply with 8 C.F.R. § 241.13(i) because its notice of revocation did not state the specific reasons for revocation and was issued after the informal interview, preventing a meaningful response. The recommendation directs release subject to the conditions of the prior order of supervision.

Holdings

1. ICE did not comply with 8 C.F.R. § 241.13(i)(3) because the notice merely repeated regulatory conclusions about changed circumstances, the likelihood of removal, and noncompliance without identifying the specific facts supporting those conclusions.
2. ICE violated 8 C.F.R. § 241.13(i)(3) because the revocation notice was issued after the arrest and informal interview, preventing Petitioner from receiving notice of the reasons for revocation before the opportunity to respond.
3. The petition should be granted and Petitioner should be released subject to the conditions in his prior order of supervision because ICE's failure to follow its own regulation rendered the detention unlawful.

Questions Presented

1. Whether ICE violated 8 C.F.R. § 241.13(i) by revoking Petitioner's release without providing specific reasons and supporting facts for the revocation.
2. Whether ICE violated 8 C.F.R. § 241.13(i)(3) by issuing the revocation notice after the informal interview, thereby denying Petitioner a meaningful opportunity to respond.
3. Whether the violation of the regulation entitled Petitioner to release under 28 U.S.C. § 2241.

Disposition

other