Tahirou Samassa v. Craig Lowe, et al.

Summary

The United States District Court for the Middle District of Pennsylvania grants Tahirou Samassa’s emergency motion for a temporary restraining order concerning his immigration detention. The court holds that it has jurisdiction under 28 U.S.C. § 2241, rejects the respondents’ jurisdictional and exhaustion arguments, and finds a strong likelihood of success, irreparable harm, favorable equities, and a public interest supporting relief. The court notes that the habeas petition itself has not yet been granted.

Holdings

1. The district court had jurisdiction under 28 U.S.C. § 2241(c)(3) to consider Samassa's habeas challenge to his detention because the challenge concerned ongoing detention rather than the decision to commence proceedings, adjudicate the immigration case, or execute a removal order.
2. The court excused any judicially created exhaustion requirement because pursuing administrative remedies would have been futile and would not have provided Samassa an opportunity for adequate relief.
3. Samassa satisfied the four requirements for a temporary restraining order, and the court granted his emergency motion for a TRO requiring his release from detention during the pendency of his asylum application.

Questions Presented

1. Whether the Immigration and Nationality Act provisions in 8 U.S.C. § 1252(g), § 1252(b)(9), and § 1252(a)(2)(B)(ii) deprived the district court of jurisdiction over Samassa's habeas challenge to his immigration detention.
2. Whether Samassa was required to exhaust administrative remedies before seeking habeas relief and temporary injunctive relief.
3. Whether Samassa satisfied the requirements for a temporary restraining order challenging his detention and seeking release.

Disposition

other