Abdullatiifu Matovu v. Markwayne Mullin, et al.

Summary

This Report and Recommendation addresses a 28 U.S.C. § 2241 habeas petition challenging the immigration detention of Abdullatiifu Matovu, a Ugandan citizen. The magistrate judge concludes that Respondents arrested Matovu without first issuing a warrant or establishing that he was likely to escape before a warrant could be obtained, violating applicable statutory and regulatory requirements and due process. The recommendation advises granting the petition, ordering Matovu’s immediate release, requiring a compliance report, and prohibiting re-detention without notice and a pre-deprivation hearing.

Holdings

1. The report concluded that Respondents lacked statutory authority to arrest Matovu under 8 U.S.C. § 1226 because they arrested him before issuing the Notice to Appear and before removal proceedings were pending. It further concluded that the arrest was unlawful because the warrant was issued after the arrest.
2. The report concluded that immigration officers may make a warrantless arrest only when they have individualized reason to believe that the noncitizen is likely to escape before a warrant can be obtained. Respondents failed to establish that such a determination was made before arresting Matovu.
3. The report concluded that Respondents violated Matovu's due process rights by summarily arresting and detaining him without a warrant, without a determination that he was likely to escape before a warrant could be obtained, and without adequate procedural safeguards.

Questions Presented

1. Whether Matovu's detention violated due process because immigration officials arrested him before issuing an arrest warrant or Notice to Appear and without determining that he was likely to escape before a warrant could be obtained.
2. Whether Matovu was entitled to release from immigration detention under 28 U.S.C. § 2241.
3. Whether the court needed to reach Matovu's claims under 8 U.S.C. § 1225(b)(2) and the Administrative Procedure Act.

Disposition

other