Opinion
20--CV-06379 CJS
09-08-2020
MARCO ANTONIO RAMOS, et al., Petitioners, v. CHAD WOLF, Actg. Secy. U.S. Dept. of Homeland Security, et al., Respondents.
ORDER
Pro se Petitioner, Marco Antonio Ramos, Juan Francisco Lopez, Ricardo Barriga, Nelson Rodriguez, Arvel Wilmark Wilson, are civil immigration detainees currently held at the Buffalo Federal Detention Facility. Petitioners claim that they continued detention in U.S. Immigration and Customs Enforcement custody pending removal proceedings is in violation of the United States Constitution. See generally 8 U.S.C. § 1231(a)(1) (Attorney General, succeeded by the Secretary of Homeland Security for this purpose, must remove alien within 90 days of final order of removal), (a)(6) ("An alien ordered removed . . . may be detained beyond the [90-day] removal period . . ."); Zadvydas v. Davis, 533 U.S. 678, 700-01 (2001) (presumptive limit to reasonable duration of detention under § 1231(a)(6) is six months); see also 8 U.S.C. § 1226 (a),(c) (detention of aliens); Jennings v Rodriguez, 138 S. Ct. 830, 851 (2018) (reserving determination of merits of due process arguments regarding extended detention without bond). Therefore, they seek relief under 28 U.S.C. § 2241. Docket Item 1. The petitioners each have paid the $5.00 filing fee.
ORDER
IT IS HEREBY ORDERED that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition; and it is further
ORDERED that within 45 days of the date of this Order, Respondents shall file and serve, in addition to their answer, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act; and it is further
ORDERED that within 45 days of the date of this Order, instead of their answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and it is further
ORDERED that Petitioner shall have 25 days after his receipt of the Respondents' answer or motion to dismiss to file a written response; and it is further
ORDERED that the Clerk of Court shall serve a copy of the Petition, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov.
THE PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR THE RESPONDENTS.
SO ORDERED. Dated: __________, 2020
Rochester, New York
/s/_________
CHARLES J. SIRAGUSA
UNITED STATES DISTRICT JUDGE