Yaseen Aymen Salih v. Angela Hoover

Summary

The United States District Court for the Middle District of Pennsylvania dismissed Yaseen Aymen Salih’s 28 U.S.C. § 2241 petition for lack of jurisdiction. Salih sought to prevent his removal to Sudan or a third country without adequate notice and an opportunity to challenge removal based on safety concerns. The court held that the requested relief was bound up with his final removal order and therefore subject to review exclusively through the applicable court of appeals.

Holdings

1. A district court lacks jurisdiction over a § 2241 petition seeking to prevent removal to Sudan or a third country without advance notice when the petitioner is subject to a final order of removal, because the claim relates to and is intertwined with the removal order and must be raised through the statutory review mechanism in the appropriate court of appeals.
2. Department of Homeland Security v. D.V.D. did not eliminate the jurisdictional bar applicable here because that case involved no applicable order of removal, whereas Salih was subject to a final order of removal.
3. The court declined to enjoin Salih's transfer to a facility outside the district because he presented no evidence or argument that such a transfer would violate his rights.

Questions Presented

1. Whether 8 U.S.C. §§ 1252(a)(5) and 1252(b)(9) deprived the district court of jurisdiction over Salih's § 2241 challenge to the proposed country and notice procedures for his removal when a final order of removal existed.
2. Whether the court should enjoin Salih's transfer to a facility outside the district.

Disposition

dismissed