Ashemuke v. Immigration and Customs Enforcement Field Office Director

Opinion

WESTERN DISTRICT OF WASHINGTON

Petitioner, Case No. C23-1592-RSL

v. ORDER GRANTING IN PART ICE FIELD OFFICE DIRECTOR, FEDERAL HABEAS PETITION

Respondent.

This matter comes before the Court on the Report and Recommendation of the Honorable Michelle L. Peterson, United States Magistrate Judge, petitioner’s objections thereto,1 and the remaining record. Petitioner seeks immediate release from ICE detention or a bond hearing, arguing that his prolonged detention without an individualized finding that he, in fact, poses a risk of flight or danger to the community violates his due process rights. Although there is no authority supporting the idea that petitioner is entitled to an order of release, he has shown that his continuing detention without an individualized bond hearing is unreasonable.

1 On April 3, 2024, petitioner filed a “Motion to Amend Habeas Petition” which, despite its title, merely supplements his objections to the Report and Recommendation. The Court has considered both Dkt. # 26 and # 28.

ORDER GRANTING IN PART FEDERAL HABEAS PETITION - 1 The Court has considered the eight factors set forth in Martinez v. Clark, 2019 WL 5968089, at *9 (W.D. Wash. May 23, 2019), report and recommendation adopted, 2019 WL 5962685 (W.D. Wash. Nov. 13, 2019),2 and finds that factors 1, 5, and 7 favor petitioner, factors 3 and 4 favor the government, and factors 2, 6, and 8 are neutral. Because the factors suggesting

that continued detention without a bond hearing is unreasonable outnumber and collectively carry more weight than the factors that favor the government, petition’s request for a bond hearing is GRANTED. The government shall, within 30 days of the date of this Order, provide petitioner with a bond hearing before an immigration judge that comports with the procedural requirements of Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011).3 The Clerk of Court is directed to send copies of this Order to petitioner, to counsel for the government, and to the Honorable Michelle L. Peterson. Dated this 18th day of April, 2024.

United States District Judge

2 The factors are: (1) the total length of detention to date; (2) the likely duration of future detention including administrative and judicial appeals; (3) whether the detention will exceed the time petitioner spent in prison for the crime that made him removable; (4) the nature of the crimes that petitioner committed; (5) the conditions of detention (the more they resemble penal confinement, the less reasonable detention is); (6) delays in the removal proceedings caused by petitioner (he’s allowed to object to removal, so the issue is really obstruction); (7) delays in the removal proceedings caused by the government; and (8) the likelihood that the removal proceedings will result in a final order of removal. 3 The petition for writ of habeas corpus (Dkt. # 7) is DENIED as to all other relief requested. The government’s motion to dismiss (Dkt. # 18) is similarly GRANTED in part and DENIED in part.

ORDER GRANTING IN PART FEDERAL HABEAS PETITION - 2