United States District Court, D. Maryland
L. Russell, III United States District Judge
MATTER is before the Court on Petitioner Jose Andres
Obando-Segura's Supplemental Petition for a Writ of
Habeas Corpus and Partial Opposition to Respondents'
October 26, 2018 Letter (the “Supplemental
Petition”) (ECF No. 21) and Respondents Matthew G.
Whitaker, Kirstjen M. Nielsen, Thomas D. Homan, Dorothy
Herrera-Niles, Charles Lee, and Donna Bounds'
(collectively, “the Government” or
“Respondents”) Motion to Dismiss Plaintiff's
Supplemental Petition for Failure to Exhaust Administrative
Remedies, or Alternatively, Stay Proceedings Pending the
Outcome of Plaintiff's Immigration Bond Proceedings (ECF
No. 28). The Motion and Supplemental Petition are
ripe for disposition, and no hearing is necessary at this
time. See Rule 8(a), Rules Governing Section 2254
Cases in the United States District Courts (Feb. 1,
2010); Local Rule 105.6 (D.Md. 2018). For the
reasons set forth more fully below, the Court will grant
Obando-Segura's Supplemental Petition in part and deny it
without prejudice in part and deny Respondents' Motion as
Court set forth the facts of this case in its September 14,
2018 Memorandum Opinion. (See ECF No. 10). The Court
discusses only facts necessary to resolve the pending
Supplemental Petition and Motion. The Court also includes
developments in Obando-Segura's immigration proceedings
since the Court issued its Memorandum Opinion.
February 27, 2018, an Immigration Judge (“IJ”)
entered an order of removal, on the basis that Obando-Segura
committed a removable drug offense under 8 U.S.C. §
1227(a)(2)(B)(i) (2018). (Resp'ts' Req. 14-Day Ext. Exs.
A & B [“BIA Op.”] at 2, ECF No.
12-1). Obando-Segura appealed to the Board of
Immigration Appeals (the “BIA”). (See
id. at 1).
October 4, 2018, the BIA remanded the case to the IJ to
address whether the Government had met its burden of proof to
establish Obando-Segura's removability under §
1227(a)(2)(B)(i). (BIA Op. at 3-4). On December 10, 2018, the
IJ held a Master Hearing to address how Obando-Segura's
immigration case would proceed on remand. (Taronji Decl.
¶ 5, ECF No. 27-2). During an off-the-record side bar at
the close of the Master Hearing, the Government stated that
it would allow Obando-Segura's immigration counsel to
argue that Obando-Segura should be released on bond that day
at the Master Hearing. (Id. ¶ 8). Immigration
counsel was not prepared to argue bond at that time. (See
id.). The IJ then asked Obando-Segura's immigration
counsel if he would be prepared to argue bond on December 14,
2018. (Id.). Immigration counsel stated that he
would not be prepared by that date either. (Id.). As
a result, the IJ issued an order withdrawing
Obando-Segura's request for a change in custody without
prejudice. (Mot. Deny Further Exts. Ex. 3, ECF No. 27-4). The
IJ's order permits Obando-Segura to “again request
a bond hearing whenever he is prepared.” (Id.).
The Government indicated, however, that it intends to oppose
Obando-Segura's request for a bond hearing on the grounds
that he is detained under 8 U.S.C. § 1226(c), and is
therefore ineligible for bond. (Taronji Decl. ¶ 9). In
addition, the IJ scheduled an Individual Hearing for
Obando-Segura on March 8, 2019.(Id. ¶ 7). The
Individual Hearing will be “the final hearing for
taking evidence on the merits” of his removal case.
detention has now lasted more than two years. (See
Pet. Writ Habeas Corpus at 3-4, ECF No. 1). Obando-Segura has
twice requested a bond hearing in the Immigration Court and
has been denied both times. (Taronji Decl. ¶ 10).
September 14, 2018, the Court issued a Memorandum Opinion and
Order, in which it ordered the Government to file a
supplemental briefing that addressed, among other things, the
reasonableness factors this Court set forth in Jarpa v.
Mumford, 211 F.Supp.3d 706, 717 (D.Md. Sept. 30, 2016),
within thirty days. (Sept. 14, 2018 Order ¶ 2, ECF No.
October 15, 2018-the deadline for filing their supplemental
briefing and after the BIA had remanded Obando-Segura's
case to the IJ-Respondents requested a fourteen-day extension
of time to file their supplemental briefing, which the Court
granted nunc pro tunc on November 15, 2018. (ECF No.
18). In the interim, on October 26, 2018, the Government
filed a limited response to the Court's September 14,
2018 Order. (ECF No. 13). To date, the Court has no record
that the Government filed a supplemental briefing in
accordance with the Court's Order.
filed his Supplemental Petition for a Writ of Habeas Corpus
and Partial Opposition to Respondents' October 26, 2018
Letter on November 26, 2018. (ECF No. 21). On December 20,
2018, Respondents filed their Motion to Dismiss
Plaintiff's Supplemental Petition for Failure to Exhaust
Administrative Remedies, or Alternatively, Stay Proceedings
Pending the Outcome of Plaintiff's Immigration Bond
Proceedings. (ECF No. 28). Obando-Segura filed an Opposition
on December 27, 2018. (ECF No. 29). To date, the Court has no
record that Respondents filed a Reply.
Supplemental Petition for Writ of ...