United States District Court, D. Maryland
K. BREDAR CHIEF JUDGE.
Koffi Ameyapoh, a citizen of Togo, filed this habeas action
pursuant to 28 U.S.C. § 2241, challenging his detention
in immigration custody pending completion of proceedings
seeking his removal from this country. Ameyapoh seeks
immediate release and argues the length of his detention
surpasses the presumptively reasonable period of time for
detention pending removal under Demore v. Kim, 538
U.S. 510 (2003). ECF 1.
the Warden of the Worcester County Detention Center, through
counsel, argues that Ameyapoh has received all the due
process and relief to which he is entitled, and seeks
dismissal of the petition as moot, noting that Ameyapoh is
now subject to a final order of detention and that his
post-removal order detention is reasonable. ECF 4 & 12.
Ameyapoh has filed an opposition response to the motion (ECF
15),  and respondent has filed a reply. ECF 20.
A hearing is not needed to resolve the case. See
Loc. Rule 105.6 (D. Md. 2016). For reasons stated herein, the
petition shall be DENIED and DISMISSED.
following facts are uncontested. Ameyapoh is a native and
citizen of Togo. He entered the United States on August 29,
1994, as a student F-1 visitor. ECF 1, p. 8; ECF 1-1, pp. 3,
11. On November 14, 2000, after marriage to a United States
citizen, he adjusted his status to conditional permanent
resident status. Id. Ameyapoh's spouse withdrew
the petition, and on June 9, 2004, Ameyapoh's status was
terminated. ECF 1-1, pp. 3, 11 & 12. Ameyapoh and his
wife divorced in January of 2005. ECF 1, p. 8.
was convicted in the Circuit Court for Montgomery County,
Maryland, in 2006 of sexual abuse of a minor, two counts of
second-degree rape, and four counts of third-degree sexual
offense. ECF 1, p. 8, ECF 1-1, pp. 11-12. He was sentenced to
15 years' incarceration. Id. His appeal of the
criminal convictions was denied. ECF 1, p. 8.
March 13, 2007, based upon these convictions, the Department
of Homeland Security (DHS) charged Ameyapoh with removability
pursuant to the Immigration and Nationality Act (INA) §
237(a)(2)(A)(iii), § 237(a)(1)(D)(i), and §
237(a)(2)(A)(ii). ECF 1, p. 8, ECF 1-1, p. 3.
his removal hearing before the immigration court, on February
17, 2010, Ameyapoh admitted he was removable under INA §
237(a)(2)(A)(iii) for his convictions relating to rape or
sexual abuse of a minor but denied removability under the
other two INA provisions. ECF 1-1, p. 12. The immigration
court found Ameyapoh removable under INA §
Ameyapoh successfully petitioned for post-conviction relief
in the Circuit Court for Montgomery County and his
convictions were vacated. Id.; ECF 1, p. 9. As a
result of the vacating of Ameyapoh's convictions, the
Board of Immigration Appeals (BIA) remanded the case to the
immigration court, noting that the immigration court had not
addressed DHS's charge that Ameyapoh was removable under
§ 237(a)(1)(D)(i) due to termination of his lawful
permanent resident status on a conditional basis and that
such a charge, if sustained, would independently establish
removability. ECF 4-1, p. 1.
was retried in the Circuit Court for Montgomery County on
July 16, 2014. He was found guilty of the same charges, and
sentenced to a fifteen- year term of confinement. ECF 1, p.
9; ECF 1-1, pp. 5-6, 9, 12-13.
10, 2016, based on these convictions, DHS took Ameyapoh from
state custody into ICE custody. ECF 1, p. 10; ECF 1-1, p. 10.
On July 5, 2016, DHS charged Ameyapoh with removability
pursuant to INA § 237(a)(2)(A)(iii) (for being convicted
of aggravated felonies); § 237(A)(1)(D)(i) (for his
conditional permanent resident status having been
terminated); and § 237(A)(2)(E)(i) (for being an alien
who after admission was convicted of a crime of domestic
violence, stalking, or a crime of child abuse, child neglect,
or child abandonment). ECF 1-1, pp. 12-13.
hearing before the immigration court, Ameyapoh admitted to
his criminal convictions and to his removability under §
237(a)(2)(A)(iii), § 237(A)(1)(D)(i), and §
237(a)(2)(A)(ii) (for having been convicted of two crimes
involving moral turpitude not arising out of a single scheme
of criminal conduct). Id., p. 13. He denied his
removability under § 237(a)(2)(E)(i), but the
immigration court determined he was removable under this
statute as well. Id.
request for deferral of removal under the Convention Against
Torture (CAT) was denied by the immigration court on November
29, 2016, after the court found that Ameyapoh's testimony
claiming he was gay was not credible. The court determined
that Ameyapoh was not likely to be tortured if he returned to
Togo and that no other evidence supported relief under CAT.
Id., pp. 14-23.
appeal to the BIA, Ameyapoh argued that he could not be
removed because his criminal convictions were not final and
because he intended to file a belated appeal of his state
criminal convictions. Id., pp. 5-7. On May 22, 2017,
the BIA affirmed the immigration court's removal order,