DORRIELAN
v.
ICE / U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
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The court held that the petitioner's motion to reopen the case was premature and therefore denied as moot, leading to dismissal of the petition without prejudice.
The petitioner filed a motion to reopen a case that was stayed pending his removal from the United States. The petitioner had been in ICE custody for …
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE came before the Court on Petitioner Job Dorrielan’s Motion to Reopen Case, ECF No. , docketed on February 2, 2023. Petitioner requests that the Court consider reopening the above-styled action, which was stayed pending Petitioner’s removal from the United States. ECF Nos. , . For the following reasons, the Motion is denied as moot and the Petition is dismissed without prejudice. As indicated in Respondent’s Response, see ECF No. at 3, Petitioner has not yet been in immigration custody for 180 days. The U.S. Supreme Court has held that six months is the limit to a presumptively reasonable period of detention following a final order of removal pursuant to the Immigration and Nationality Act. 8 U.S.C. § 1231(a)(6); Zadvydas v. Davis, 533 U.S. 678, 701 (2001). The record indicates that Petitioner has been in the custody of ICE since September 7, 2022, ECF No. [10-1] ¶ 7, and that Petitioner filed the instant Petition on December 12, 2022, ECF No. . Because Petitioner filed the Petition less than three and a half months since the time he was taken into custody, Petitioner’s Motion is premature and therefore due to be dismissed without prejudice at this time. See Gardiner v. Barr, No. 1:20-CV-20660, 2020 WL 1033398, at *2 (S.D. Case No. 22-cv-24029-BLOOM
Fla. Mar. 2, 2020) (dismissing Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 where petitioner filed Petition approximately four and a half months after he was taken into custody). Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Petitioner’s Motion to Reopen Case, ECF No. , is DENIED AS MOOT;
2. The above-styled case is DISMISSED WITHOUT PREJUDICE.
3. To the extent not otherwise disposed of, all pending motions are DENIED AS MOOT and all deadlines are TERMINATED;
4. The Clerk of Court is directed to CLOSE this case.
DONE AND ORDERED in Chambers at Miami, Florida, on February 7, 2023.
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of Record
Job Dorrielan A#077-877-569 Krome Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street Miami, FL 33194