Japhson Carrasco Calderon v. Samuel Olson, et al.

Summary

The United States District Court for the Western District of Kentucky denied Japhson Carrasco Calderon’s petition for a writ of habeas corpus challenging his immigration detention under Zadvydas v. Davis. The court concluded that Calderon had not shown that his removal was unlikely in the reasonably foreseeable future and that his detention remained within the presumptively reasonable six-month period. The court noted that Calderon could file a new petition if removal efforts later stalled or failed.

Holdings

1. Calderon's approximately five-month detention remained within the presumptively reasonable six-month period recognized in Zadvydas, although a detainee may potentially challenge detention before six months by making the required showing.
2. Calderon failed to provide good reason to believe that there was no significant likelihood of his removal in the reasonably foreseeable future.
3. The government presented evidence supporting the conclusion that Calderon's removal was reasonably foreseeable.

Questions Presented

1. Whether Calderon's detention under 8 U.S.C. § 1231 violated the constitutional limitations recognized in Zadvydas v. Davis.
2. Whether Calderon established good reason to believe that there was no significant likelihood of his removal in the reasonably foreseeable future.
3. Whether ICE's notice of removal, screening for removal to Mexico, and sworn declaration regarding removals to Mexico established that removal was reasonably foreseeable.

Disposition

writ_denied