Mark Williams v. William P. Barr

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 26, 2019
• Docket: 19-1664
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1664 ___________________________

Mark Williams

lllllllllllllllllllllPetitioner - Appellant

v.

William P. Barr, Attorney General of the United States; Chad Wolf1; Peter B. Berg, U.S. ICE Field Office Director for the St. Paul Field Office; Warden of Immigration Detention Facility

lllllllllllllllllllllRespondents - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: November 21, 2019 Filed: November 26, 2019 [Unpublished] ____________

Before SHEPHERD, KELLY, and ERICKSON, Circuit Judges. ____________

PER CURIAM.

1 Chad Wolf has been appointed to serve as Acting Secretary of Homeland Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c). Mark Williams appeals from the district court’s2 denial of his 28 U.S.C. § 2241 petition. Upon careful de novo review, we find no basis for reversal. See Zadvydas v. Davis, 533 U.S. 678, 699, 701 (2001); Lema v. INS, 341 F.3d 853, 854-57 (9th Cir. 2003); see also Abdullah v. Hedrick, 392 F.3d 957, 959 (8th Cir. 2004) (standard of review). We modify the dismissal, however, to be without prejudice. Accordingly, the judgment of the district court is affirmed as modified. See 8th Cir. R. 47B. ______________________________

2 The Honorable David S. Doty, United States District Judge for the District of Minnesota.

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