Moein Bozorgpasand v. Facility Administrator, Northwest Immigration and Customs Enforcement Processing Center

Summary

The United States District Court for the Western District of Washington granted Moein Bozorgpasand’s petition for a writ of habeas corpus challenging his prolonged detention under 8 U.S.C. § 1231 and Zadvydas v. Davis. The court concluded that removal was not reasonably foreseeable because Iran was unavailable due to withholding of removal, Costa Rica had declined to accept him, and the Government had not pursued removal to another country. The court ordered his immediate release on reasonable conditions of supervision.

Holdings

1. Under 8 U.S.C. § 1231(a)(6), the Government may continue detaining a noncitizen after the 90-day removal period, but detention is limited to the period reasonably necessary to accomplish removal and may not continue indefinitely.
2. Petitioner established good reason to believe that his removal was not reasonably foreseeable where Iran was unavailable because of the withholding order, Costa Rica had rejected him, no other third country had been identified, and the Government had not shown that it pursued removal to another country.
3. Respondents failed to rebut Petitioner's showing because evidence that Petitioner had not identified a preferred third country did not establish that removal was reasonably foreseeable, and Respondents provided no evidence of efforts to secure removal to another country or any explanation for the delay.

Questions Presented

1. Whether Petitioner's continued detention after expiration of the statutory removal period violated 8 U.S.C. § 1231 and the constitutional limitation recognized in Zadvydas v. Davis.
2. Whether Petitioner showed good reason to believe that his removal was not reasonably foreseeable and, if so, whether Respondents rebutted that showing with sufficient evidence.

Disposition

writ_granted