United States District Court, D. Maryland
L. Hollander United States District Judge.
Kenneth Kamara, a citizen of Liberia, has filed a Petition
for a Writ of Habeas Corpus under 28 U.S.C. § 1241. ECF
1. He challenges his detention in immigration custody and
seeks immediate release from the supervision of the United
States Immigration and Customs Enforcement
(“ICE”), a division of the Department of Homeland
Security (“DHS”), or home monitoring.
Id. Kamara alleges that he has been detained at
Howard County Detention Center following a final order of
removal from this country, and asserts that the length of his
detention surpasses the presumptively reasonable period of
time for detention pending removal under Zadvydas v.
Davis, 533 U.S. 678 (2001). Id.
including the Director of the Howard County Department of
Corrections, have moved to dismiss (ECF 6), supported by
exhibits. They argue that Kamara has received all the due
process to which he is entitled. Id. Kamara has
filed correspondence that shall be construed as an opposition
(ECF 9), and Respondents have filed a reply with an exhibit.
hearing is not needed to resolve the case. See Local
Rule 105.6 (D. Md. 2016). For the reasons stated herein, the
Petition shall be DENIED and DISMISSED without prejudice.
following facts are uncontested. Kamara is a native and
citizen of Liberia. ECF 6-2, Notice to Appear at 1. He was
admitted to the United States in 1991 as a nonimmigrant, and
later changed his status to an asylee as a derivative of his
father's application. ECF 6-1, Scarberry Decl., ¶ 4.
Between 2001 and 2011, Kamara was convicted 12 times on
various charges: assault, carrying a prohibited weapon,
possession of marijuana, drug possession, disorderly conduct,
and probation violations. He was sentenced to various lengths
of imprisonment, ranging from zero to five years. ECF 6-2,
Record of Deportable/Inadmissible Alien at 15-16.
September 10, 2012, Kamara was served with a Notice to Appear
filed in immigration court and was taken into DHS custody.
Id., Notice to Appear at 1-3; Notice of Custody
Determination at 4. Based on his 2009 conviction for firearms
possession, which resulted in a five-year sentence, DHS
charged Kamara as removable under § 237(a)(2)(A)(iii) of
the Immigration and Nationality Act (“INA”).
Id., Notice to Appear at 1-3.
November 27, 2012, an immigration judge (“IJ”)
ordered Kamara removed as charged. Id., Removal
Order at 5-6. Kamara waived appeal to the Board of
Immigration Appeals (“BIA”), making the removal
order final. Id., Notice to Appear at 1; Record of
Deportable/Inadmissible Alien at 17 (no appeals to date on
file with the BIA); ECF 1 at 5, ¶11(c).
March 27, 2013, DHS determined that Kamara remain in
detention pending his removal, citing his criminal
convictions and the IJ's removal decision. ECF 6-2,
Decision to Continue Detention at 7-9. On August 23, 2013,
DHS determined it appropriate to release Kamara from custody,
under supervision. Id., Release Notification at
10-11; Order of Supervision at 12-13. Kamara was advised that
if he violated his probation or parole requirements, he could
be taken back into custody. Id., Release
Notification at 10.
February 2017, Kamara was arrested in Baltimore County,
Maryland on a bench warrant. Id., Record of
Deportable/Inadmissible Alien at 16. ICE determined this
arrest violated Kamara's immigration supervision
requirements and it lodged a detainer. Id. Kamara
was released to ICE custody without bond on February 21,
2018. Id. at 16-17.
March 13, 2018, DHS served Petitioner with a warning for
failure to cooperate with ICE in effecting his removal from
the United States. Id., Warning for Failure to
Depart at 18-19. On May 22, 2018, ICE determined that Kamara
should remain in immigration custody pursuant to his final
removal order. Id., Notice to Alien of File Custody
Review at 20; Decision to Continue Detention at 21.
filed the instant action on May 24, 2018. ECF 1. Since then,
ICE has twice informed him that his detention will continue
while ICE works with the government of Liberia to obtain
Kamara's travel documents. Id., Proof of Service
of Decision to Continue Detention at 22; ECF 6-1 at 1-4,
Decl. of Deportation Officer David Scarberry; ECF 6-1 at 5-6,
Decision to Continue Detention, 6/14/18.
opposes Respondents' motion, stating that no travel
documents have been issued. ECF 9 at 1. However, on July 19,
2018, the travel certificate was issued by the Embassy of
Liberia. ECF 10-1, travel document.