Summary
dismissing without prejudice to filing of a habeas petition if alien is held beyond the time period set forth in Zadvydas when alien attempted to challenge an order of removal on the ground that Laos was not accepting deportees
Summary of this case from Al-Shewaily v. MukaseyOpinion
CASE NO. 3:04CV00142 (RNC)
April 5, 2004
RULING AND ORDER
Petitioner, a citizen of Laos, is currently detained at OsborneCorrectional Institution in Somers, Connecticut, awaiting removal toLaos under a final order of removal. Petitioner contests the finalorder of removal on the ground that he cannot be removed because Laosis not accepting deportees.
Petitioner's argument does not raise any legally cognizablechallenge to a final order of removal. If respondent holds petitionerfor more than six months after the end of the 90-day removal period, petitioner may bring an action against respondent under Zadvydas v. Davis, 533 U.S. 678 (2001), seeking to show that his removal is notreasonably foreseeable because Laos is not accepting deportees. If hemakes such a showing, respondent will be required to release him.However, since petitioner1 s removal period began when he was taken intorespondent's custody on March 11, 2004, he will not be eligible to seekrelief on that basis for many months. Also, such a petition must be directed against his continued detention, not against the final orderof removal.
Accordingly, the petition is hereby dismissed without prejudice tothe filing of a petition based on the decision in Zadvydas.
It is so ordered.