Ariel Alejandro Nunez Mora v. Warden, Otero County Processing Center, Mary De Anda-Ybarra, Field Office Director of Enforcement and Removal Operations, El Paso Field Office, Immigration and Customs Enforcement; Todd Lyons, Acting Director Immigration and Customs Enforcement; Kristi Noem, Secretary, U.S. Department Of Homeland Security; and Pamela Bondi, U.S. Attorney General

Summary

The United States District Court for the District of New Mexico dismissed without prejudice Ariel Alejandro Nunez Mora’s pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241, which challenged his immigration detention. The court held that his detention during the 90-day removal period was presumptively reasonable under 8 U.S.C. § 1231 and Zadvydas v. Davis, and that the court lacked jurisdiction to review challenges to the removal order under 8 U.S.C. § 1252(b)(9).

Holdings

1. Because petitioner was subject to a final order of removal and remained within the 90-day removal period under 8 U.S.C. § 1231(a)(1)(A), his detention was presumptively reasonable and did not warrant release at that time.
2. The district court lacked jurisdiction to consider a challenge to the immigration judge’s removal order because 8 U.S.C. § 1252(b)(9) bars district-court review of questions of law and fact arising from a removal order through habeas corpus or other legal provisions.
3. The petition was dismissed without prejudice because the petition and exhibits showed that petitioner was not entitled to release or other habeas relief at that time.

Questions Presented

1. Whether petitioner's detention during the 90-day removal period following a final order of removal was unlawful under the Constitution or federal law.
2. Whether the district court had jurisdiction under 28 U.S.C. § 2241 to consider a challenge related to the removal order or the circumstances leading to it.
3. Whether the petition should be dismissed without prejudice at the initial screening stage.

Disposition

dismissed