Slebo v. Dist. Dir. for Immigration Custom Enforcement

Full title: QUAIWEA BARSHELL SLEBO, Petitioner v. THE DISTRICT DIRECTOR FOR…

Court: United States District Court, M.D. Pennsylvania

Date published: Jul 17, 2009

CIVIL ACTION NO. 3:09-CV-1335 (M.D. Pa. Jul. 17, 2009)

Opinion

CIVIL ACTION NO. 3:09-CV-1335.

July 17, 2009

MEMORANDUM

JAMES MUNLEY, District Judge

Quaiwea Barshell Slebo ("Slebo"), presently a detainee of the Bureau of Immigration and Customs Enforcement ("ICE"), incarcerated at the York County Prison, York, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 on July 13, 2009. (Doc. 1). He is seeking to proceed in forma pauperis (Doc. 2) and requests that an order to show cause be issued (Doc 3). For the reasons set forth below, the motion to proceed in forma pauperis will be granted, his motion for an order to show cause will be denied, and the petition for writ of habeas corpus will be denied.

I. Statement of Facts

II. Discussion

18 U.S.C. 922 8 U.S.C. § 12268 U.S.C. § 1227Demore v. Kim538 U.S. 510Demore See id.

Because Slebo is subject to removal due to the commission of an aggravated felony, 8 U.S.C. § 1227(a)(2)(A)(iii), his detention is mandatory pursuant to § 1226(c). Removal proceedings are not yet complete; detention is therefore both mandatory and constitutionally permissible.

An appropriate order will issue.

ORDER

AND NOW, to wit, this 17^th day of July 2009, in accordance with the foregoing memorandum, it is hereby ORDERED that:

1. The application to proceed in forma pauperis (Doc. 2) is GRANTED.

2. Petitioner's motion for an order to show cause (Doc. 3) is DENIED.

3. The petition for writ of habeas corpus (Doc. 1) is DENIED.

4. The Clerk of Court is directed to CLOSE this case.