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Migrant Center for Human RightsProtecting the Persecuted

August 3, 2020Name:A#: 566 Veteran’s DrivePearsall, TX 78209

RE: Requesting Release from Detention After Receiving a Final Deportation Order

Dear Sir/Madam,

We understand that you have received a “final order of removal” / deportation order in your case. If you have not already provided us with the following information, you will need to do so before we can consider placing your case for representation.

1. Date (even if approximate) and manner of all entries (at the bridge without legal documents, crossing the river, coming with papers / visa, etc.)

2. Date and type of decision ordering you removed (with an Asylum Officer, an immigration judge, the Board of Immigration Appeals (BIA); please send a copy)

3. Date and explanation of all communications you have had with ICE and/or your embassy regarding travel documents, release, and /or removal (please send us a copy of any paperwork for appointments, decisions, or other matters)

4. Date and explanation of all requests you have filed with ICE, the court, or elsewhere such as the Office of Civil Rights and Civil Liberties (please send us a copy)

We are enclosing a packet of information that explains the legal options that may be available to you at this point in time and some templates to assist you.

You can contact us Monday – Friday 11am – 12pm at 210-802-6061. Five days after mailing us the answers to the above questions and copies of your documents, please call us to confirm receipt of the documents and for information on next steps. Please note that it is not easy for us to return documents so you should only mail us copies.

Sincerely,

//s// Sara Ramey

Sara RameyImmigration Attorney& Executive [email protected]

P.O. Box 90382, San Antonio, TX 78209Phone: 210-802-6061

GUIDE TO REQUESTING RELEASE FROM DETENTIONAFTER RECEIVING A FINAL DEPORTATION ORDER

WAYS YOU MAY HAVE A FINAL ORDER OF REMOVAL

You are in expedited removal (apprehended within 14 days of crossing and within 100 miles of the border without U.S. legal documents) and you do not have a fear of return to your home country

You did not pass your Credible Fear or Reasonable Fear interview with the USCIS Asylum Officer and the immigration judge, after reviewing the interview notes and speaking with you agreed with the Asylum Officer that you do not have a strong enough case to stay in the U.S. (you may need to request this judicial review)

An immigration judge orders your deportation after you have explained your case in detail and you either said that you do not want to appeal or NO appeal was received in 30 days by the BIA (Board of Immigration Appeals)

The BIA (Board of Immigration Appeals) denies your case

WHAT HAPPENS AFTER YOU HAVE RECEIVED A FINAL ORDER OF REMOVAL

ICE will immediately begin the process of deporting you. This usually means that your DO (Deportation Officer) will contact your embassy to arrange for travel documents and/or confirm that you are a citizen and will be accepted back. You have a legal duty to comply with the final order of removal and assist in your deportation, including by helping get the necessary travel documents (if you choose not to comply you may be subject to criminal penalties including jail time).

After 90 days, if ICE has not managed to deport you, ICE must consider you for release. If ICE believes that they will not be able to deport you in the reasonably foreseeable future they should release you on an Order of Supervision. ICE almost never does this as ICE typically takes the position that they will be able to deport you. The exception is for countries with which we do not maintain diplomatic relations such as, depending on the moment in time, Eritrea, Cuba, or Venezuela. Even in these cases, ICE usually waits 90 days to see if deportation might become possible due to a political change etc. You will continue to receive 90-day custody reviews during your time in detention. This does not mean that ICE will come and speak with you, even if you receive an appointment paper. It simply means that your DO (Deportation Officer) must look at your file and report to their supervisors what’s happening in your case to determine if continued detention is justifiable under the law. In this moment, or in any other moment, you can present new evidence in favor of your release.

If you are still detained 6 months after receiving a final order of removal, the Supreme Court has said in the case Zadvydas v. Davis that it is presumed that your detention is unreasonable. However, if you did anything to delay the process, such as not helping to get travel documents, then that time is subtracted from the 6-month clock. If you did everything to comply with the law, which is to say your final removal order, you can file a habeas corpus “free the body” petition in federal district court. However, ICE can still present evidence to the judge that you will be deported soon and the judge may

Prepared by the Migrant Center for Human RightsP.O. Box 90382, San Antonio, TX 78209 * Phone: 210-802-6061

decide to give ICE more time to do so. Successful petitions are often for people who have spent more than 6 months in detention after receiving a final order of removal, for example 9 or 10 months. Keep in mind that this counting of time does NOT include the time in detention before receiving a final order of removal.

In order to have a strong case we suggest that you first put in a request for release with ICE (template attached). If the decision is negative or you have not heard back in two weeks, we suggest that you contact Headquarters in Washington D.C. (template attached) and send them a copy of the request you sent to ICE. If their decision is negative or you have not heard back in two weeks, you can include a copy of this request in your habeas corpus petition (template attached) showing that you have done everything you can to resolve the issue before going to federal district court.

Note: There are other reasons that your detention may be illegal that don’t have to do with the prolonged time you have been detained. For example, if there are urgent medical reasons and ICE isn’t giving you the necessary treatment.

WHAT HAPPENS AFTER YOU HAVE BEEN RELEASED

If ICE decides to reléase you with an active final order of removal you will be put on an Order of Supervision and will have meetings with ICE every so often, every three months for example.


July 21, 2020

Deportation OfficerEnforcement and Removal OperationsImmigration and Customs EnforcementDepartment of Homeland Security566 Veteran’s DrivePearsall, TX 78061

RE: Release Request

Dear Deportation Officer,

Please release me from detention. It has been more than ____ months that I have been in detention, and more than ____ months since the Immigration Judge / BIA ordered my deportation. Below are the reasons that it is hard for me to continue being in detention and why it is important for me to be released.

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

I understand that the Supreme Court in the case Zadvydas v. Davis said that if the government has not been able to deport someone within six months, and they are not a danger to anyone, then that person should be given their liberty, unless the government will be able to deport them soon. Below are the reasons I haven’t been, and don’t think I can be, deported at this time, despite my best efforts to assist with my deportation, and why I am not a danger to anyone.

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________


Can you please release me as soon as possible? It is very hard for me here in detention.

Thank you,

____________________Signature

____________________Name

____________________A#

South Texas Detention Complex566 Veteran’s DrivePearsall, TX 78061


July 21, 2020

Headquarters Post-Order Detention UnitImmigration and Customs EnforcementDepartment of Homeland Security

801 I Street, NW, Suite 900Washington, DC 20536

500 12th StreetWashington, DC 20024

RE: Release Request Post-Order

Dear Headquarters,

Please release me from detention. It has been more than ____ months that I have been in detention, and more than ____ months since the court ordered my deportation. It is unlikely that I will be deported in the reasonably foreseeable future. Below is a list of the reasons I haven’t been, and don’t think I can, be deported at this time, to the best of my knowledge, and my efforts to assist in my deportation (I’m enclosing a copy of the request(s) that I’ve made to my ICE Deportation Officer).

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

I am not a danger to public safety, nor am I a flight risk. Here are the reasons why I will follow the law in the U.S.:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________


I understand that the Supreme Court in the case Zadvydas v. Davis said that if the government has not been able to deport someone within six months, then that person should be given their liberty, unless they will be deported soon. It is difficult for me to stay in detention for the reasons below:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Can you please release me as soon as possible? It is very hard for me to be here in detention.

Thank you,

____________________Signature

____________________Name

____________________A#

South Texas Detention Complex566 Veteran’s DrivePearsall, TX 78061


UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISIONU.S. District Clerk’s Office

655 E. Cesar E. Chavez Blvd., Room G65San Antonio, Texas 78206

) )

______________________(Name) )Petitioner, )

) v. ) Case No.

) (Supplied by Clerk of Court)Attorney General )Secretary of DHS )ICE Field Office Director )Warden )

)Respondent )

PETITION FOR A WRIT OF HABEAS CORPUS

This is a petition for a writ of habeas corpus filed on behalf of _____(Name) ,

Petitioner, seeking relief to remedy his/her unlawful detention. Petitioner is detained pending

ICE’s efforts to remove him/her. Petitioner has fully cooperated with Respondents in their efforts

to remove him/her. To date, Respondents have been unable or unwilling to remove Petitioner and

thus he/she has been detained for more than ____ (number) months. Petitioner is not a flight risk

or a danger to the community. Prior to his/her detention, he/she was reporting with the U.S.

Immigration and Customs Enforcement (ICE) and had committed no crimes. His/her prolonged

detention is no longer justified under the Constitution or the Immigration and Nationality Act

(INA).

On or about (Date), 2020, Respondent Deborah Achim, ICE

Field Office Director, arrested Petitioner and placed him/her in ICE custody at the South Texas

Detention Complex. Petitioner’s detention was for the purpose of executing his/her removal

order. On or about (Date) 2020, Respondent Deborah Achim, ICE

Field Office Director, reviewed the custody status of Petitioner and determined that he/she

should be detained because

________________________________________________________________(Reason Given).

Respondent Deborah Achim, ICE Field Office Director, again determined that Petitioner

continue to be detained on the following dates:

(Dates). To date, Respondents have not been able or are unwilling to remove Petitioner.

Petitioner has fully cooperated with Respondents’ requests to complete the necessary

paperwork to secure his/her travel documents. Respondent Deborah Achim, ICE Field Office

Director, has:

___ Petitioner’s travel documents to execute his/her removal order.

___ not secured the necessary paperwork to remove Petitioner.

Petitioner submits that his/her detention is in violation of his/her constitutional rights.

Petitioner’s prolonged detention is no longer justified under the Constitution or the Immigration

and Nationality Act (INA). Petitioner seeks an order from this Court declaring his/her continued

and prolonged detention unlawful and ordering Respondents to release him/her from their

custody.

CUSTODY

1. Petitioner is in the physical custody of Respondent Deborah Achim, Field Office Director for

Detention and Removal, U.S. Immigration and Customs Enforcement (ICE), the Department

of Homeland Security (DHS), and the Respondent Reynaldo Castro, Warden of the South

Texas Detention Complex (STDC) in Pearsall, Texas. At the time of the filing of this

petition, Petitioner is detained at the STDC in Pearsall, Texas. DHS contracts with GEO

Group to detain undocumented immigrants such as Petitioner. Petitioner is under the direct

control of Respondents and their agents.

JURISDICTION

2. This action arises under the Constitution of the United States, the Immigration and

Nationality Act (“INA”), 8 U.S.C. § 1101 et. seq., as amended by the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub. L. No. 104-208, 110

Stat. 1570. This Court has jurisdiction under 28 U.S.C. 2241, art. I, § 9, cl. 2 of the United

States Constitution (“Suspension Clause”) and 28 U.S.C. § 1331, as Petitioner is presently in

custody under color of authority if the United States. This Court may grant relief pursuant to

28 U.S.C. § 2241, and the All Writs Act, 28 U.S.C. § 1651.

VENUE

3. Venue lies in the United States District Court for the Western District of Texas, the judicial

district in which Respondents, Deborah Achim, ICE Field Office Director, and Reynaldo

Castro, Warden, reside and where Petitioner is detained. 28 U.S.C. § 1391(e).

PARTIES

4. Petitioner is a national and citizen of ___(Home Country) who was

ordered removed on (Date) . He/she is detained by Respondents

pursuant to 8 U.S.C. § 1231, which permits the DHS to detain undocumented immigrants,

such as Petitioner, pending the execution of the government’s removal order.

5. Respondent Deborah Achim is the Field Office Director for Detention and Removal, ICE,

DHS. Respondent Deborah Achim is a custodial official acting within the boundaries of the

judicial district of the United States Court for the Western District of Texas, San Antonio

Division. Pursuant to Respondent Deborah Achim’s orders, Petitioner remains detained.

6. Respondent Ray Castro is the warden of the South Texas Detention Complex facility in

Pearsall, Texas. He is Petitioner’s immediate custodian and resides in the judicial district of

the United States Court for the Western District of Texas, San Antonio Division.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

7. Petitioner has exhausted his/her administrative remedies to the extent required by law.

8. He/she has fully cooperated with Respondents and has not delayed or obstructed his/her

detention.

9. Petitioner’s only remedy is by way of this judicial action.

STATEMENT OF FACTS

10. Petitioner is a national and citizen of (Home Country) who

was ordered removed on (Date) due to

(Reason for Removal) .

11. On or about (Date) , Respondent Deborah Achim and her

agents arrested Petitioner. The reason for his/her arrest was _________________(Reason for

Arrest).

12. After being ordered removed, Petitioner applied for

(Forms Submitted) .

13. At a later date, _________________(Date) his/her application was denied.

14. However, Respondents have been unable or unwilling to remove Petitioner in over ___

months. Respondents continue to detain Petitioner even though it is now clear that

Respondents cannot remove him.

15. Petitioner is not a danger to the community or a flight risk. He has no criminal history.

16. Petitioner will reside at ________________________(Address) who is prepared to take him

in.

17. Respondents’ decision to detain Petitioner is longer legally justifiable and is capricious and

arbitrary. There is no better time for the Court to consider the merits of Petitioner’s request

for release.

18. Petitioner has fully cooperated with Respondents’ efforts to obtain his/her travel documents.

CLAIMS FOR RELIEF

COUNT ONECONSTITUTIONAL CLAIM

19. Petitioner alleges and incorporates by reference paragraphs 1 through 23 above.

20. Petitioners’ detention violates his right to substantive and procedural due process

guaranteed by the Fifth Amendment to the U.S. Constitution.

COUNT TWOSTATUTORY CLAIM

21. Petitioner alleges and incorporates by reference paragraphs 1 through 24 above.

22. Petitioner’s continued detention violates the Immigration and Nationality Act and the U.S.

Constitution.

COUNT THREE

22. If he/she prevails, Petitioner requests attorney’s fees and costs under the Equal Access to

Justice Act (“EAJA”), as amended, 28 U.S.C. § 2412.

PRAYER FOR RELIEF

23. WHEREFORE, Petitioner prays that this Court grant the following relief:

1. Assume jurisdiction over this matter;

2. Issue an order directing Respondents to show cause why the writ should not

be granted;

3. Issue a writ of habeas corpus ordering Respondents to release Petitioner on

his/her own recognizance or under parole, a low bond or reasonable

conditions of supervision;

4. Award Petitioner reasonable costs and attorney’s fees; and,

5. Grant any other relief which this Court deems just and proper.

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