IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION
KC AJAYA PETITIONER
V. Civil Case No. 5:26-cv-00543-DCB-BWR
WARDEN-ADAMS COUNTY RESPONDENT CORRECTIONAL CENTER
REPORT AND RECOMMENDATION
Petitioner KC Ajaya (“Petitioner”), a native and citizen of Nepal, filed his pro se Petition [1] for writ of habeas corpus under 28 U.S.C. § 2241 in June 2026, challenging the length of his detention under 8 U.S.C. § 1231(a)(6) and seeking his immediate release from Immigration and Customs Enforcement’s (“ICE”) detention. Having considered the Petition [1] and Memorandum [2] and the relevant law, it is recommended that the Petition be dismissed without prejudice because Petitioner’s post-removal-period detention claim is premature under the framework set forth in Zadvydas v. Davis, 533 U.S. 678 (2001). I. BACKGROUND On January 25, 2025, ICE’s Enforcement and Removal Operations detained Petitioner. Pet. [1] at 4. On January 8, 2026, an immigration judge ordered that Petitioner be removed from the United States. Id. Petitioner did not file an appeal with the Board of Immigration Appeals (“BIA”). Id. II. DISCUSSION 28 U.S.C. § 2241 confers federal district courts “within their respective jurisdictions” the authority to hear applications for habeas corpus by any person who claims to be held “in custody in violation of the Constitution or laws or treaties of the United States[.]” 28 U.S.C. § 2241. The writ of habeas corpus is “available to every individual detained within the United States,” including noncitizens. Hamdi v.
Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., art I, § 9, cl. 2). “A district court has subject matter jurisdiction to hear an alien's Section 2241 petition challenging the lawfulness of his or her detention.” Wekesa v. United States Att'y, No. 22-10260, 2022 WL 17175818, at *1 (5th Cir. Nov. 22, 2022); see also Demore v. Kim, 538 U.S. 510, 517 (2003) (“Section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's
constitutional challenge to the legislation authorizing his detention without bail.”); Imran v. Harper, No. 25-30370, 2026 WL 93131, *1 (5th Cir. Jan. 13, 2026) (“[D]istrict courts have subject-matter jurisdiction to review § 2241 petitions challenging the lawfulness of a noncitizen’s detention . . . .”). Petitioner’s detention is governed by 8 U.S.C. § 1231, which provides that “the Attorney General shall remove the alien from the United States within a period of 90 days (. . . referred to as the ‘removal period’)[,]” during which time the alien shall be
detained. 8 U.S.C. § 1231(a)(1)(A), (a)(2). “After that time elapses, however, § 1231(a)(6) provides only that certain aliens ‘may be detained’ while efforts to complete removal continue.” Jennings v. Rodriguez, 583 U.S. 281, 298 (2018) (emphasis in original). In Zadvydas, the Supreme Court applied the doctrine of constitutional
2 avoidance and construed § 1231(a)(6) to mean that “once removal is no longer reasonably foreseeable, continued detention is no longer authorized by statute.” 533 U.S. at 699. “Zadvydas then concluded that six months was a presumptively
reasonable period of detention, beyond the removal period, in which to effectuate deportation.” Tran v. Mukasey, 515 F.3d 478, 482 (5th Cir. 2008) (citing Zadvydas, 533 U.S. at 702). “After that, the Court concluded, if the alien ‘provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future,’ the Government must either rebut that showing or release the alien.” Jennings, 583 U.S. at 299 (quoting Zadvydas, 533 U.S. at 701). “This 6–month
presumption, of course, does not mean that every alien not removed must be released after six months. To the contrary, an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future.” Zadvydas, 533 U.S. at 701. Petitioner’s removal order became administratively final on February 9, 2026, (30 days after the immigration judge ordered removal on January 8, 2026). See 8 C.F.R. § 1241.1 (“An order of removal made by the immigration judge at the
conclusion of proceedings under section 240 of the Act shall become final: . . . (c) Upon expiration of the time allotted for an appeal if the respondent does not file an appeal within that time . . . .”). Petitioner did not file an appeal with the BIA. The 90-day removal period expired on May 10, 2026. The six-month period of presumptively valid detention following the removal period will not expire until
3 November 10, 2026. “Although [the 90-day removal period] has expired, [Petitioner] has not been in post-removal-order detention longer than the presumptively reasonable six-month period set forth in Zadvydas. Consequently, any challenge to
his continued post-removal-order detention is premature.” Agyei-Kodie v. Holder, 418 F. App'x 317, 318 (5th Cir. 2011); see Zadvydas, 533 U.S. at 701 (“After this six month period, once the alien provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that showing) (emphasis added); Andrade v. Gonzales, 459 F.3d 538, 543 (5th Cir. 2006) (“Zadvydas thus created a ‘6-month
presumption’ of the validity of detention under § 1231, after which an alien could attack the reasonableness of his continued detention.”) (emphasis added). III. RECOMMENDATION
It is recommended that the Petition [1] be denied and dismissed without prejudice because it is premature. IV. NOTICE OF RIGHT TO OBJECT
Within fourteen days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to the proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A party may respond to another party’s objections within 14 days after being served with a copy of the objections. Id. The district judge will determine de novo any part of the Report and Recommendation that has been properly objected to. Fed. R. Civ. P. 72(b)(3). The 4 district judge may accept, reject, or modify the Report and Recommendation; receive further evidence; or return the matter to the magistrate judge with instructions. Id. An objecting party must specifically identify the findings, conclusions, and
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION
KC AJAYA PETITIONER
V. Civil Case No. 5:26-cv-00543-DCB-BWR
WARDEN-ADAMS COUNTY RESPONDENT CORRECTIONAL CENTER
REPORT AND RECOMMENDATION
Petitioner KC Ajaya (“Petitioner”), a native and citizen of Nepal, filed his pro se Petition [1] for writ of habeas corpus under 28 U.S.C. § 2241 in June 2026, challenging the length of his detention under 8 U.S.C. § 1231(a)(6) and seeking his immediate release from Immigration and Customs Enforcement’s (“ICE”) detention. Having considered the Petition [1] and Memorandum [2] and the relevant law, it is recommended that the Petition be dismissed without prejudice because Petitioner’s post-removal-period detention claim is premature under the framework set forth in Zadvydas v. Davis, 533 U.S. 678 (2001). I. BACKGROUND On January 25, 2025, ICE’s Enforcement and Removal Operations detained Petitioner. Pet. [1] at 4. On January 8, 2026, an immigration judge ordered that Petitioner be removed from the United States. Id. Petitioner did not file an appeal with the Board of Immigration Appeals (“BIA”). Id. II. DISCUSSION 28 U.S.C. § 2241 confers federal district courts “within their respective jurisdictions” the authority to hear applications for habeas corpus by any person who claims to be held “in custody in violation of the Constitution or laws or treaties of the United States[.]” 28 U.S.C. § 2241. The writ of habeas corpus is “available to every individual detained within the United States,” including noncitizens. Hamdi v.
Rumsfeld, 542 U.S. 507, 525 (2004) (citing U.S. Const., art I, § 9, cl. 2). “A district court has subject matter jurisdiction to hear an alien's Section 2241 petition challenging the lawfulness of his or her detention.” Wekesa v. United States Att'y, No. 22-10260, 2022 WL 17175818, at *1 (5th Cir. Nov. 22, 2022); see also Demore v. Kim, 538 U.S. 510, 517 (2003) (“Section 1226(e) contains no explicit provision barring habeas review, and we think that its clear text does not bar respondent's
constitutional challenge to the legislation authorizing his detention without bail.”); Imran v. Harper, No. 25-30370, 2026 WL 93131, *1 (5th Cir. Jan. 13, 2026) (“[D]istrict courts have subject-matter jurisdiction to review § 2241 petitions challenging the lawfulness of a noncitizen’s detention . . . .”). Petitioner’s detention is governed by 8 U.S.C. § 1231, which provides that “the Attorney General shall remove the alien from the United States within a period of 90 days (. . . referred to as the ‘removal period’)[,]” during which time the alien shall be
detained. 8 U.S.C. § 1231(a)(1)(A), (a)(2). “After that time elapses, however, § 1231(a)(6) provides only that certain aliens ‘may be detained’ while efforts to complete removal continue.” Jennings v. Rodriguez, 583 U.S. 281, 298 (2018) (emphasis in original). In Zadvydas, the Supreme Court applied the doctrine of constitutional
2 avoidance and construed § 1231(a)(6) to mean that “once removal is no longer reasonably foreseeable, continued detention is no longer authorized by statute.” 533 U.S. at 699. “Zadvydas then concluded that six months was a presumptively
reasonable period of detention, beyond the removal period, in which to effectuate deportation.” Tran v. Mukasey, 515 F.3d 478, 482 (5th Cir. 2008) (citing Zadvydas, 533 U.S. at 702). “After that, the Court concluded, if the alien ‘provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future,’ the Government must either rebut that showing or release the alien.” Jennings, 583 U.S. at 299 (quoting Zadvydas, 533 U.S. at 701). “This 6–month
presumption, of course, does not mean that every alien not removed must be released after six months. To the contrary, an alien may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future.” Zadvydas, 533 U.S. at 701. Petitioner’s removal order became administratively final on February 9, 2026, (30 days after the immigration judge ordered removal on January 8, 2026). See 8 C.F.R. § 1241.1 (“An order of removal made by the immigration judge at the
conclusion of proceedings under section 240 of the Act shall become final: . . . (c) Upon expiration of the time allotted for an appeal if the respondent does not file an appeal within that time . . . .”). Petitioner did not file an appeal with the BIA. The 90-day removal period expired on May 10, 2026. The six-month period of presumptively valid detention following the removal period will not expire until
3 November 10, 2026. “Although [the 90-day removal period] has expired, [Petitioner] has not been in post-removal-order detention longer than the presumptively reasonable six-month period set forth in Zadvydas. Consequently, any challenge to
his continued post-removal-order detention is premature.” Agyei-Kodie v. Holder, 418 F. App'x 317, 318 (5th Cir. 2011); see Zadvydas, 533 U.S. at 701 (“After this six month period, once the alien provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that showing) (emphasis added); Andrade v. Gonzales, 459 F.3d 538, 543 (5th Cir. 2006) (“Zadvydas thus created a ‘6-month
presumption’ of the validity of detention under § 1231, after which an alien could attack the reasonableness of his continued detention.”) (emphasis added). III. RECOMMENDATION
It is recommended that the Petition [1] be denied and dismissed without prejudice because it is premature. IV. NOTICE OF RIGHT TO OBJECT
Within fourteen days after being served with a copy of this Report and Recommendation, a party may serve and file specific written objections to the proposed findings and recommendations. Fed. R. Civ. P. 72(b)(2). A party may respond to another party’s objections within 14 days after being served with a copy of the objections. Id. The district judge will determine de novo any part of the Report and Recommendation that has been properly objected to. Fed. R. Civ. P. 72(b)(3). The 4 district judge may accept, reject, or modify the Report and Recommendation; receive further evidence; or return the matter to the magistrate judge with instructions. Id. An objecting party must specifically identify the findings, conclusions, and
recommendations to which he objects. A district judge need not consider frivolous, conclusive, or general objections. A party who fails to file written objections to the proposed findings, conclusions, and recommendations shall be barred, except upon grounds of plain error, from attacking on appeal any proposed factual finding or legal conclusion adopted by the Court to which he did not object. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1428-29 (5th Cir. 1996), superseded by statute on other
grounds, 28 U.S.C. § 636(b)(1). SIGNED, this 2nd day of July, 2026. Bradley W. Rath s/ BRADLEY W. RATH UNITED STATES MAGISTRATE JUDGE