Chunbiao Xu v. Pamela Bondi, et al.

Summary

The United States District Court for the District of New Jersey granted Chunbiao Xu’s 28 U.S.C. § 2241 petition challenging his prolonged detention following a final order of removal. Applying Zadvydas v. Davis, the Court held that Respondents failed to show a significant likelihood of Xu’s removal in the reasonably foreseeable future and ordered his release under the prior conditions of supervision. The Court also prohibited Respondents from re-detaining Xu unless that likelihood exists.

Holdings

1. Under Zadvydas v. Davis, post-removal-order detention is limited to the period reasonably necessary to accomplish removal; after six months, once the detainee provides good reason to believe that removal is not significantly likely in the reasonably foreseeable future, the government must produce evidence rebutting that showing.
2. A detainee's failure personally to obtain a travel document does not defeat a Zadvydas claim absent evidence that the detainee actively impeded the government's efforts to obtain the document.
3. Xu was entitled to release under an order of supervision because the government failed to establish a significant likelihood of removal in the reasonably foreseeable future.

Questions Presented

1. Whether Xu's continued post-removal-order detention under 8 U.S.C. § 1231 violated the statute and due process because his removal was not likely in the reasonably foreseeable future.
2. Whether the government rebutted Xu's showing that there was no significant likelihood of his removal in the reasonably foreseeable future.
3. Whether Xu was entitled to release under an order of supervision and protection against re-detention absent a significant likelihood of removal in the reasonably foreseeable future.

Disposition

granted