Shaher Khaddaj v. Scarlet Grant, et al.

Summary

The United States District Court for the Western District of Oklahoma grants in part Shaher Khaddaj’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. The court holds that 8 C.F.R. § 241.13 governed ICE’s revocation of Khaddaj’s Order of Supervision and that ICE failed to satisfy the regulation’s changed-circumstances and informal-interview requirements. The court orders Khaddaj’s immediate release subject to the terms of his prior Order of Supervision.

Holdings

1. On the record presented, 8 C.F.R. § 241.13 governed Petitioner's re-detention.
2. ICE failed to comply with § 241.13 because respondents did not establish changed circumstances showing a significant likelihood that Petitioner himself would be removed in the reasonably foreseeable future and did not show that ICE provided the required informal interview.
3. Immediate release was an appropriate remedy because ICE's failure to comply with its own regulations rendered the revocation of Petitioner's Order of Supervision unlawful.
4. The court adopted the magistrate judge's recommendation to decline to address Petitioner's due process claim.

Questions Presented

1. Whether 8 C.F.R. § 241.13(i), rather than 8 C.F.R. § 241.4(l)(2), governed ICE's revocation of Petitioner's Order of Supervision and re-detention.
2. Whether ICE complied with the changed-circumstances, significant-likelihood-of-removal, and informal-interview requirements of 8 C.F.R. § 241.13(i) before re-detaining Petitioner.
3. Whether immediate release was an appropriate remedy for ICE's failure to comply with § 241.13.
4. Whether the court should reach Petitioner's due process claim.

Disposition

other