S.N.C. v. Sessions

325 F. Supp. 3d 401
CourtDistrict Court, S.D. Illinois
DecidedAugust 28, 2018
Docket18-CV-7680 (LGS)
StatusPublished
Cited by28 cases

This text of 325 F. Supp. 3d 401 (S.N.C. v. Sessions) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.N.C. v. Sessions, 325 F. Supp. 3d 401 (S.D. Ill. 2018).

Opinion

VALERIE CAPRONI, United States District Judge, Part I:

Petitioner S.N.C.1 is a citizen of Jamaica who is detained pending Respondents' execution of a final order of removal. She has filed a Petition for Writ of Habeas Corpus, seeking an order: staying her removal pending Respondents' adjudication of two status applications; releasing her from detention pending removal; and restraining Respondents from transferring her to detention facilities outside the New York City area prior to removal. See Pet. (Aug. 22, 2018), Dkt. 1. Petitioner has also filed an application for a temporary restraining order ("TRO") and a preliminary injunction, seeking substantially the same relief. See Proposed Order (Aug. 22, 2018), Dkt. 8; Application (Aug. 22, 2018), Dkt. 11. Respondents have moved to transfer this case to the District of New Jersey, arguing that this Court lacks jurisdiction. See Ltr. (Aug. 23, 2018), Dkt. 6.

For the following reasons, Respondents' motion to transfer is temporarily STAYED. Petitioner is GRANTED LEAVE TO AMEND the Petition no later than August 30, 2018 at 12:00 p.m. , to allow her to remove from her Petition "core" habeas claims challenging her detention. If Petitioner fails to file an Amended Petition without "core" habeas claims by that time, Respondents' motion to transfer will be granted, and this case will be transferred to the District of New Jersey.

Petitioner's application for a TRO is GRANTED as to the stay of removal and DENIED WITHOUT PREJUDICE as to the release from detention and the stay of transfer to a different facility. In accordance with Federal Rule of Civil Procedure 65(b)(2), the TRO will expire on September 11, 2018 at 2:00 p.m. No later than September 4, 2018 at 12:00 p.m. , Respondents must show cause why the TRO should not be converted to a preliminary injunction. Petitioner may file a response no later than September 6, 2018 at 12:00 p.m. Assuming that this case has not been transferred to the District of New Jersey, the parties must appear for a hearing on Petitioner's application for a preliminary injunction on September 7, 2018 at 10:30 a.m. in Courtroom 1106 of the Thurgood Marshall U.S. Courthouse.

BACKGROUND2

I. Petitioner's Entry into the United States and Removal Proceedings

Petitioner, a citizen of Jamaica, entered the United States in 2000 on a B-1 or B-2 business or tourist visa. See Pet. ¶ 46; S.N.C. Decl. ¶ 2.3 In 2004, she married a *404U.S. citizen who has subjected her to domestic violence, sexual servitude, and human trafficking. See Pet. ¶¶ 46-47; S.N.C. Decl. ¶¶ 1, 4-5. She has eight U.S. citizen children who were under her care until she was detained. See Pet. ¶ 44.

In 2006, Petitioner was arrested on state criminal charges. See S.N.C. Decl. ¶ 5. The charges were dismissed, but Petitioner was summoned to appear before an immigration judge. See id. Respondents commenced removal proceedings at that time. See Pet. ¶ 48. Petitioner's order of removal became final in May 2012. See id. ; S.N.C. Decl. ¶ 8. Petitioner, however, remained in the United States after her order of removal became final. See S.N.C. Decl. ¶¶ 5-8.

II. Petitioner's Arrest, Detention, and Applications

On July 13, 2018, Petitioner, again facing criminal charges, appeared in state court. See Pet. ¶¶ 45, 55; S.N.C. Decl. ¶ 12. Upon leaving court, Petitioner was arrested by Respondents and transported to a detention facility in New Jersey. See Pet. ¶¶ 55-56; S.N.C. Decl. ¶ 12. Petitioner has been detained at that facility since that time. See S.N.C. Decl. ¶¶ 13-14.4

On July 31, 2018, Petitioner applied to the United States Citizenship and Immigration Services ("USCIS") for T Nonimmigrant Status. See Pet. ¶¶ 57, 71. T Nonimmigrant Status allows victims of human trafficking to obtain employment authorization, and, after a period of time, such individuals have the opportunity to apply for lawful permanent residence. See id. ¶ 82; 8 U.S.C. § 1101(a)(15)(T) ; USCIS, Victims of Human Trafficking: T Nonimmigrant Status (May 10, 2018), https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-status. If granted T Nonimmigrant Status, Petitioner can move to cancel her order of removal. See 8 C.F.R. § 214.11(d)(9). Additionally, if, prior to adjudicating Petitioner's T Nonimmigrant Status application, USCIS determines that her application is facially complete and "bona fide," USCIS will automatically stay the execution of her order of removal until the application can be adjudicated. See id. § 214.11(a), (e) ; Pet. ¶¶ 80-81; Ltr. (Aug. 24, 2018), Dkt. 12, at 2. Petitioner's T Nonimmigrant Status application has not yet been adjudicated or deemed bona fide. See Pet. ¶ 83.

In addition to her T Nonimmigrant Status application, Petitioner filed a self-petition pursuant to the immigration provisions of the Violence Against Women Act ("VAWA"). See id. ¶ 57. If approved by USCIS, Petitioner's VAWA self-petition could allow her to obtain employment authorization and deferred action from removal. See id. ¶ 71; 8 U.S.C. § 1154(a)(1)(A)(iii) ; USCIS, Battered Spouse, Children & Parents (Feb. 16, 2016), https://www.uscis.gov/humanitarian/battered-spouse-children-parents.

*405Finally, Petitioner also applied to the U.S. Immigration and Customs Enforcement ("ICE") for an administrative stay of removal, based primarily on her pending VAWA self-petition, her pending T Nonimmigrant Status application, and protections afforded by the Convention Against Torture ("CAT"). See Pet. ¶ 57; Pet. Ex. 2.

III. Procedural History

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Bluebook (online)
325 F. Supp. 3d 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snc-v-sessions-ilsd-2018.