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Migrant Center for Human RightsProtecting the Persecuted
August 3, 2020Name:A#: 566 Veteran’s DrivePearsall, TX 78209
RE: Requesting Release from Detention After Receiving a Final Deportation Order
Dear Sir/Madam,
We understand that you have received a “final order of removal” / deportation order in your case. If you have not already provided us with the following information, you will need to do so before we can consider placing your case for representation.
1. Date (even if approximate) and manner of all entries (at the bridge without legal documents, crossing the river, coming with papers / visa, etc.)
2. Date and type of decision ordering you removed (with an Asylum Officer, an immigration judge, the Board of Immigration Appeals (BIA); please send a copy)
3. Date and explanation of all communications you have had with ICE and/or your embassy regarding travel documents, release, and /or removal (please send us a copy of any paperwork for appointments, decisions, or other matters)
4. Date and explanation of all requests you have filed with ICE, the court, or elsewhere such as the Office of Civil Rights and Civil Liberties (please send us a copy)
We are enclosing a packet of information that explains the legal options that may be available to you at this point in time and some templates to assist you.
You can contact us Monday – Friday 11am – 12pm at 210-802-6061. Five days after mailing us the answers to the above questions and copies of your documents, please call us to confirm receipt of the documents and for information on next steps. Please note that it is not easy for us to return documents so you should only mail us copies.
Sincerely,
//s// Sara Ramey
Sara RameyImmigration Attorney& Executive [email protected]
P.O. Box 90382, San Antonio, TX 78209Phone: 210-802-6061
GUIDE TO REQUESTING RELEASE FROM DETENTIONAFTER RECEIVING A FINAL DEPORTATION ORDER
WAYS YOU MAY HAVE A FINAL ORDER OF REMOVAL
You are in expedited removal (apprehended within 14 days of crossing and within 100 miles of the border without U.S. legal documents) and you do not have a fear of return to your home country
You did not pass your Credible Fear or Reasonable Fear interview with the USCIS Asylum Officer and the immigration judge, after reviewing the interview notes and speaking with you agreed with the Asylum Officer that you do not have a strong enough case to stay in the U.S. (you may need to request this judicial review)
An immigration judge orders your deportation after you have explained your case in detail and you either said that you do not want to appeal or NO appeal was received in 30 days by the BIA (Board of Immigration Appeals)
The BIA (Board of Immigration Appeals) denies your case
WHAT HAPPENS AFTER YOU HAVE RECEIVED A FINAL ORDER OF REMOVAL
ICE will immediately begin the process of deporting you. This usually means that your DO (Deportation Officer) will contact your embassy to arrange for travel documents and/or confirm that you are a citizen and will be accepted back. You have a legal duty to comply with the final order of removal and assist in your deportation, including by helping get the necessary travel documents (if you choose not to comply you may be subject to criminal penalties including jail time).
After 90 days, if ICE has not managed to deport you, ICE must consider you for release. If ICE believes that they will not be able to deport you in the reasonably foreseeable future they should release you on an Order of Supervision. ICE almost never does this as ICE typically takes the position that they will be able to deport you. The exception is for countries with which we do not maintain diplomatic relations such as, depending on the moment in time, Eritrea, Cuba, or Venezuela. Even in these cases, ICE usually waits 90 days to see if deportation might become possible due to a political change etc. You will continue to receive 90-day custody reviews during your time in detention. This does not mean that ICE will come and speak with you, even if you receive an appointment paper. It simply means that your DO (Deportation Officer) must look at your file and report to their supervisors what’s happening in your case to determine if continued detention is justifiable under the law. In this moment, or in any other moment, you can present new evidence in favor of your release.
If you are still detained 6 months after receiving a final order of removal, the Supreme Court has said in the case Zadvydas v. Davis that it is presumed that your detention is unreasonable. However, if you did anything to delay the process, such as not helping to get travel documents, then that time is subtracted from the 6-month clock. If you did everything to comply with the law, which is to say your final removal order, you can file a habeas corpus “free the body” petition in federal district court. However, ICE can still present evidence to the judge that you will be deported soon and the judge may
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
decide to give ICE more time to do so. Successful petitions are often for people who have spent more than 6 months in detention after receiving a final order of removal, for example 9 or 10 months. Keep in mind that this counting of time does NOT include the time in detention before receiving a final order of removal.
In order to have a strong case we suggest that you first put in a request for release with ICE (template attached). If the decision is negative or you have not heard back in two weeks, we suggest that you contact Headquarters in Washington D.C. (template attached) and send them a copy of the request you sent to ICE. If their decision is negative or you have not heard back in two weeks, you can include a copy of this request in your habeas corpus petition (template attached) showing that you have done everything you can to resolve the issue before going to federal district court.
Note: There are other reasons that your detention may be illegal that don’t have to do with the prolonged time you have been detained. For example, if there are urgent medical reasons and ICE isn’t giving you the necessary treatment.
WHAT HAPPENS AFTER YOU HAVE BEEN RELEASED
If ICE decides to reléase you with an active final order of removal you will be put on an Order of Supervision and will have meetings with ICE every so often, every three months for example.
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
July 21, 2020
Deportation OfficerEnforcement and Removal OperationsImmigration and Customs EnforcementDepartment of Homeland Security566 Veteran’s DrivePearsall, TX 78061
RE: Release Request
Dear Deportation Officer,
Please release me from detention. It has been more than ____ months that I have been in detention, and more than ____ months since the Immigration Judge / BIA ordered my deportation. Below are the reasons that it is hard for me to continue being in detention and why it is important for me to be released.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I understand that the Supreme Court in the case Zadvydas v. Davis said that if the government has not been able to deport someone within six months, and they are not a danger to anyone, then that person should be given their liberty, unless the government will be able to deport them soon. Below are the reasons I haven’t been, and don’t think I can be, deported at this time, despite my best efforts to assist with my deportation, and why I am not a danger to anyone.
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
Can you please release me as soon as possible? It is very hard for me here in detention.
Thank you,
____________________Signature
____________________Name
____________________A#
South Texas Detention Complex566 Veteran’s DrivePearsall, TX 78061
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
July 21, 2020
Headquarters Post-Order Detention UnitImmigration and Customs EnforcementDepartment of Homeland Security
801 I Street, NW, Suite 900Washington, DC 20536
500 12th StreetWashington, DC 20024
RE: Release Request Post-Order
Dear Headquarters,
Please release me from detention. It has been more than ____ months that I have been in detention, and more than ____ months since the court ordered my deportation. It is unlikely that I will be deported in the reasonably foreseeable future. Below is a list of the reasons I haven’t been, and don’t think I can, be deported at this time, to the best of my knowledge, and my efforts to assist in my deportation (I’m enclosing a copy of the request(s) that I’ve made to my ICE Deportation Officer).
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
I am not a danger to public safety, nor am I a flight risk. Here are the reasons why I will follow the law in the U.S.:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
I understand that the Supreme Court in the case Zadvydas v. Davis said that if the government has not been able to deport someone within six months, then that person should be given their liberty, unless they will be deported soon. It is difficult for me to stay in detention for the reasons below:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Can you please release me as soon as possible? It is very hard for me to be here in detention.
Thank you,
____________________Signature
____________________Name
____________________A#
South Texas Detention Complex566 Veteran’s DrivePearsall, TX 78061
Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061
UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISIONU.S. District Clerk’s Office
655 E. Cesar E. Chavez Blvd., Room G65San Antonio, Texas 78206
) )
______________________(Name) )Petitioner, )
) v. ) Case No.
) (Supplied by Clerk of Court)Attorney General )Secretary of DHS )ICE Field Office Director )Warden )
)Respondent )
PETITION FOR A WRIT OF HABEAS CORPUS
This is a petition for a writ of habeas corpus filed on behalf of _____(Name) ,
Petitioner, seeking relief to remedy his/her unlawful detention. Petitioner is detained pending
ICE’s efforts to remove him/her. Petitioner has fully cooperated with Respondents in their efforts
to remove him/her. To date, Respondents have been unable or unwilling to remove Petitioner and
thus he/she has been detained for more than ____ (number) months. Petitioner is not a flight risk
or a danger to the community. Prior to his/her detention, he/she was reporting with the U.S.
Immigration and Customs Enforcement (ICE) and had committed no crimes. His/her prolonged
detention is no longer justified under the Constitution or the Immigration and Nationality Act
(INA).
On or about (Date), 2020, Respondent Deborah Achim, ICE
Field Office Director, arrested Petitioner and placed him/her in ICE custody at the South Texas
Detention Complex. Petitioner’s detention was for the purpose of executing his/her removal
order. On or about (Date) 2020, Respondent Deborah Achim, ICE
Field Office Director, reviewed the custody status of Petitioner and determined that he/she
should be detained because
________________________________________________________________(Reason Given).
Respondent Deborah Achim, ICE Field Office Director, again determined that Petitioner
continue to be detained on the following dates:
(Dates). To date, Respondents have not been able or are unwilling to remove Petitioner.
Petitioner has fully cooperated with Respondents’ requests to complete the necessary
paperwork to secure his/her travel documents. Respondent Deborah Achim, ICE Field Office
Director, has:
___ Petitioner’s travel documents to execute his/her removal order.
___ not secured the necessary paperwork to remove Petitioner.
Petitioner submits that his/her detention is in violation of his/her constitutional rights.
Petitioner’s prolonged detention is no longer justified under the Constitution or the Immigration
and Nationality Act (INA). Petitioner seeks an order from this Court declaring his/her continued
and prolonged detention unlawful and ordering Respondents to release him/her from their
custody.
CUSTODY
1. Petitioner is in the physical custody of Respondent Deborah Achim, Field Office Director for
Detention and Removal, U.S. Immigration and Customs Enforcement (ICE), the Department
of Homeland Security (DHS), and the Respondent Reynaldo Castro, Warden of the South
Texas Detention Complex (STDC) in Pearsall, Texas. At the time of the filing of this
petition, Petitioner is detained at the STDC in Pearsall, Texas. DHS contracts with GEO
Group to detain undocumented immigrants such as Petitioner. Petitioner is under the direct
control of Respondents and their agents.
JURISDICTION
2. This action arises under the Constitution of the United States, the Immigration and
Nationality Act (“INA”), 8 U.S.C. § 1101 et. seq., as amended by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub. L. No. 104-208, 110
Stat. 1570. This Court has jurisdiction under 28 U.S.C. 2241, art. I, § 9, cl. 2 of the United
States Constitution (“Suspension Clause”) and 28 U.S.C. § 1331, as Petitioner is presently in
custody under color of authority if the United States. This Court may grant relief pursuant to
28 U.S.C. § 2241, and the All Writs Act, 28 U.S.C. § 1651.
VENUE
3. Venue lies in the United States District Court for the Western District of Texas, the judicial
district in which Respondents, Deborah Achim, ICE Field Office Director, and Reynaldo
Castro, Warden, reside and where Petitioner is detained. 28 U.S.C. § 1391(e).
PARTIES
4. Petitioner is a national and citizen of ___(Home Country) who was
ordered removed on (Date) . He/she is detained by Respondents
pursuant to 8 U.S.C. § 1231, which permits the DHS to detain undocumented immigrants,
such as Petitioner, pending the execution of the government’s removal order.
5. Respondent Deborah Achim is the Field Office Director for Detention and Removal, ICE,
DHS. Respondent Deborah Achim is a custodial official acting within the boundaries of the
judicial district of the United States Court for the Western District of Texas, San Antonio
Division. Pursuant to Respondent Deborah Achim’s orders, Petitioner remains detained.
6. Respondent Ray Castro is the warden of the South Texas Detention Complex facility in
Pearsall, Texas. He is Petitioner’s immediate custodian and resides in the judicial district of
the United States Court for the Western District of Texas, San Antonio Division.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
7. Petitioner has exhausted his/her administrative remedies to the extent required by law.
8. He/she has fully cooperated with Respondents and has not delayed or obstructed his/her
detention.
9. Petitioner’s only remedy is by way of this judicial action.
STATEMENT OF FACTS
10. Petitioner is a national and citizen of (Home Country) who
was ordered removed on (Date) due to
(Reason for Removal) .
11. On or about (Date) , Respondent Deborah Achim and her
agents arrested Petitioner. The reason for his/her arrest was _________________(Reason for
Arrest).
12. After being ordered removed, Petitioner applied for
(Forms Submitted) .
13. At a later date, _________________(Date) his/her application was denied.
14. However, Respondents have been unable or unwilling to remove Petitioner in over ___
months. Respondents continue to detain Petitioner even though it is now clear that
Respondents cannot remove him.
15. Petitioner is not a danger to the community or a flight risk. He has no criminal history.
16. Petitioner will reside at ________________________(Address) who is prepared to take him
in.
17. Respondents’ decision to detain Petitioner is longer legally justifiable and is capricious and
arbitrary. There is no better time for the Court to consider the merits of Petitioner’s request
for release.
18. Petitioner has fully cooperated with Respondents’ efforts to obtain his/her travel documents.
CLAIMS FOR RELIEF
COUNT ONECONSTITUTIONAL CLAIM
19. Petitioner alleges and incorporates by reference paragraphs 1 through 23 above.
20. Petitioners’ detention violates his right to substantive and procedural due process
guaranteed by the Fifth Amendment to the U.S. Constitution.
COUNT TWOSTATUTORY CLAIM
21. Petitioner alleges and incorporates by reference paragraphs 1 through 24 above.
22. Petitioner’s continued detention violates the Immigration and Nationality Act and the U.S.
Constitution.
COUNT THREE
22. If he/she prevails, Petitioner requests attorney’s fees and costs under the Equal Access to
Justice Act (“EAJA”), as amended, 28 U.S.C. § 2412.
PRAYER FOR RELIEF
23. WHEREFORE, Petitioner prays that this Court grant the following relief:
1. Assume jurisdiction over this matter;
2. Issue an order directing Respondents to show cause why the writ should not
be granted;
3. Issue a writ of habeas corpus ordering Respondents to release Petitioner on
his/her own recognizance or under parole, a low bond or reasonable
conditions of supervision;
4. Award Petitioner reasonable costs and attorney’s fees; and,
5. Grant any other relief which this Court deems just and proper.