Mousa Adam Camara v. Judge Pamela A. Barker, Warden Edward Voorhies, et al.

Summary

The United States District Court for the Northern District of Ohio considers Mousa Adam Camara’s petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention by U.S. Immigration and Customs Enforcement without a bond hearing. The petition raises statutory, due process, and Administrative Procedure Act claims concerning whether detention is governed by 8 U.S.C. § 1225(b)(2)(A) or § 1226(a), including the effect of Matter of Yajure Hurtado. The court dismisses several respondents and dismisses the petition without prejudice.

Holdings

1. In an immigration habeas action brought by a detainee held in an ICE-contracted facility, the ICE district or field office director with power over the detainee is generally the proper respondent; the warden and higher-ranking officials were dismissed here.
2. Camara was required to exhaust available administrative remedies concerning his detention and entitlement to a bond hearing before obtaining federal district court review.
3. The court declined to waive exhaustion based on delay, alleged futility, procedural default, or Camara's constitutional claims.

Questions Presented

1. Whether respondents other than the ICE Cleveland Field Office Director were proper respondents to Camara's § 2241 habeas petition.
2. Whether Camara was required to exhaust available administrative remedies concerning his detention and entitlement to a bond hearing before seeking federal habeas review.
3. Whether the court should waive prudential exhaustion based on alleged futility, delay, hardship, or the presence of constitutional claims.
4. Whether a certificate of appealability should issue.

Disposition

dismissed