Moussa S. v. Bondi

Summary

The United States District Court for the District of Minnesota recommends granting Moussa S.’s amended petition for a writ of habeas corpus challenging his re-detention by Immigration and Customs Enforcement after revocation of his order of supervision. The court concludes that Respondents failed to establish changed circumstances justifying re-detention and failed to comply with the notice and interview requirements of 8 C.F.R. § 241.13(i)(3), and recommends release subject to specified conditions.

Holdings

1. The government bears the burden of showing changed circumstances that justify revoking an order of supervised release and re-detaining a noncitizen.
2. Respondents failed to establish changed circumstances showing a significant likelihood that Petitioner could be removed in the reasonably foreseeable future.
3. ICE violated 8 C.F.R. § 241.13(i)(3) because the Notice of Revocation and ensuing interview did not identify the changed circumstances supporting revocation or provide an adequate basis for Petitioner to respond.

Questions Presented

1. Whether ICE established changed circumstances under 8 C.F.R. § 241.13(i)(2) sufficient to revoke Petitioner’s Order of Supervision and re-detain him.
2. Whether ICE complied with 8 C.F.R. § 241.13(i)(3) by providing adequate notice of the reasons for revocation and a meaningful opportunity to respond.
3. Whether Petitioner was entitled to habeas relief under 28 U.S.C. § 2241 based on the alleged regulatory violations.

Disposition

writ_granted