4:25-cv-00062•Case Name in Immigration Case - Unavailable
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION N.D., : : Petitioner, : : v. : Case No. 4:25-cv-62-CDL-AGH : 28 U.S.C. § 2241 Warden, STEWART DETENTION : CENTER, et al., : : Respondents. : ____________________________________ REPORT AND RECOMMENDATION Pending before the Court is Petitioner’s second recast petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (ECF No. 6) and Respondents’ motion to dismiss the petition (ECF No. 7). For the reasons explained below, it is recommended that Respondents’ motion be granted. BACKGROUND Petitioner, a native and citizen of Jamaica, was initially admitted into the United States on October 8, 1991, as a lawful permanent resident.1 Hayes Decl. ¶¶ 3, 5, ECF No. 7-1; Hayes Ex. A, at 2, ECF No. 7-2; Hayes Ex. B, ECF No. 7-3. On October 5, 1999, Petitioner was served with a notice to appear (“NTA”) before an Immigration Judge (“IJ”), charging him with removability under 8 U.S.C. § 1227(a)(2)(C) based on a 1997 Maryland conviction involving possession of a 1 Because all documents have been electronically filed, this Order and Recommendation cites to the record by using the document number and electronic screen page number shown at the top of each page by the Court’s CM/ECF software. Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 1 of 10
2 handgun. Hayes Ex. E, at 1-2, ECF No. 7-6. An IJ entered an order on April 11, 2000, granting Petitioner voluntary departure in lieu of removal. Hayes Ex. F, at 1- 2, ECF No. 7-7. However, on July 21, 2000, Petitioner’s motion to reopen removal proceedings was granted, and proceedings terminated without prejudice on September 19, 2000. Hayes Ex. G, ECF No. 7-8; Hayes Ex. H, ECF No. 7-9. Petitioner was convicted of forgery in Virginia in March 2004, and then convicted in the District of Columbia of possession with intent to distribute cocaine in June 2005. Hayes Ex. J, ECF No. 7-11; Hayes Ex. K, ECF No. 7-12. He entered United States Immigration and Customs Enforcement (“ICE”) custody for the first time on July 2, 2007. Hayes Decl. ¶ 14. The same day, Petitioner was served with a new NTA, charging him with removability under 8 U.S.C. § 1227(a)(2)(A)(iii) and (B)(i) based on convictions for an aggravated felony and a controlled substance offense. Hayes Ex. L, at 1-3, ECF No. 7-13. However, on July 25, 2007, Petitioner was extradited to North Carolina on a pending murder charge. Hayes Decl. ¶ 15; Hayes Ex. M, ECF No. 14. On July 31, 2009, Petitioner pled guilty to voluntary manslaughter in the Nash County, North Carolina, Superior Court Division and was sentenced to 103 to 133 months of imprisonment. Hayes Ex. N, ECF No. 7-15. On December 17, 2024, ICE Enforcement and Removal Operations (“ERO”) arrested Petitioner at his residence in Maryland. Hayes Decl. ¶ 18; Hayes Ex. A, at 3. The same day, he was served with a NTA, charging him with removability under various provisions of 8 U.S.C. § 1227. Hayes Ex. O, ECF No. 7-16. Following his arrest in Maryland, Petitioner remained in custody and was eventually transferred Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 2 of 10
3 to Stewart Detention Center, in Lumpkin, Georgia, where he is still detained. Hayes Decl. ¶ 18. On February 14, 2025, the Department of Homeland Security (“DHS”) served Petitioner with a Form I-261, Additional Charges of Inadmissibility/Deportability, charging Petitioner as removable under 8 U.S.C. § 1227(a)(2)(A)(ii) and (iii) based on his convictions for aggravated felonies and two crimes involving moral turpitude. Hayes Ex. P, at 3, 5, ECF No. 7-17. According to Respondents’ most recent status update, an IJ sustained the charges of removability on October 3, 2025, and designated Jamaica as the country for removal. Chambliss Decl. ¶ 8, ECF No. 10-1. However, as of December 12, 2025, immigration proceedings were still pending for consideration of Petitioner’s application for relief from removal. Id. ¶¶ 8, 11. The Court received Petitioner’s original application for habeas relief on February 19, 2025 (ECF No. 1). The Court received his first recast petition on March 18, 2025, and his second recast petition on March 21, 2025 (ECF No. 6). In his second recast petition, Petitioner contends that his continuing “indefinite detention” violates 8 U.S.C. § 1231(a)(6) and his Fifth Amendment due process rights.2 2d Recast Pet. 5, ECF No. 6. On April 10, 2025, Respondents moved to dismiss the petition, contending and that Petitioner’s detention complies with due process. Resp’ts’ Mot. to Dismiss 5-6, ECF No. 7. The same day, the Court notified Petitioner of his right to respond to the motion to dismiss within thirty days and advised him that failure 2 Because the amended petition supersedes his previous petitions, Petitioner’s second recast petition is now the operative pleading in this case. See Calhoun v. Bergh, 769 F.3d 409, 410-11 (6th Cir. 2014). Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 3 of 10
4 to respond could result in the statements set forth in Respondents’ motion “being accepted as uncontested and correct.” Order 1-2, ECF No. 8. However, Petitioner did not file a response to Respondents’ motion to dismiss. The case is ripe for review. DISCUSSION I. 8 U.S.C. § 1226(c) Mandatory Detention and Due Process Because Petitioner is being held pre-final order of removal and is charged as being deportable under 8 U.S.C. § 1227(a)(2)(A)(ii) and (iii), his detention is governed by 8 U.S.C. § 1226(c), which applies to criminal aliens.3 8 U.S.C. § 1226(c)(1)(B). As a criminal alien, Petitioner’s detention is statutorily mandated. See 8 U.S.C. § 1226(c) (stating that the Attorney General “shall take into custody” an alien falling under its provisions and allowing release only under narrow circumstances related to witness protection). Section 1226(c) does not set out a limit as to how long a criminal alien can be detained as expressed in days, months, and years. This previously led many courts construing the statute to apply the canon of constitutional avoidance to read an implicit temporal limitation into the permissible length of detention. However, the Supreme Court rejected this approach, concluding that because § 1226(c) “is not silent as to the length of detention,” but instead “mandates detention pending a decision on whether the alien is to be removed from the United States,” the canon was inapplicable. Jennings v. Rodriguez, 583 U.S. 281, 304 (2018) (emphasis in original) (internal quotation marks omitted). The Court held that “§ 1226(c) has a 3 Petitioner alleges that his detention violates 8 U.S.C. § 1231(a)(6), presumably attempting to make a claim under Zadvydas v. Davis, 533 U.S. 678 (2001). 2d Recast Pet. 5. However, because § 1231(a)(6) applies only to those detained post-final removal order, that section is inapplicable to Petitioner. Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 4 of 10
5 definite termination point: the conclusion of removal proceedings.” Id. (internal quotation marks omitted). Significantly, however, Jennings explicitly left undecided the issue of whether prolonged detention under § 1226(c) could be subject to an as-applied constitutional due process challenge, noting that because the lower court had not considered the issue, it would remand the case for further consideration. Id. at 312. Since Jennings, district courts have grappled with how to analyze a petitioner’s as-applied due process to prolonged detention under § 1226(c). This Court has applied the multi-factor test set forth in the Eleventh Circuit’s opinion in Sopo v. United States Attorney General (“Sopo I”), 825 F.3d 1199 (11th Cir. 2016), vacated as moot, 890 F.3d 952 (11th Cir. 2018) (“Sopo II”), to address such challenges. See, e.g., J.N.C.G. v. Warden, Stewart Det. Ctr., No. 4:20-CV-62-MSH, 2020 WL 5046870, at *6-7 (M.D. Ga. Aug. 26, 2020). Sopo I was one of the lower court decisions whose constitutional avoidance rationale was rejected by Jennings. Nevertheless, many other district courts have continued to cite Sopo I as persuasive authority for as-applied due process challenges to § 1226(c) because the Eleventh Circuit’s explanation of why the statute could pose constitutional concerns absent an implicit temporal limitation is suggestive of how the Court would ultimately rule on such challenge. See, e.g., Msezane v. Garland, No. 5:19-cv-51, 2020 WL 1042293, at *7 (S.D. Ga. Jan. 29, 2020) (collecting cases), recommendation adopted by 2020 WL 1046796 (S.D. Ga. Mar. 3, 2020). Respondents, however, reject the notion that Sopo I is relevant and instead— as they have in previous cases—contend that the Court need look no further than Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 5 of 10
6 Demore v. Kim, 538 U.S. 510 (2003), to find Petitioner’s continuing detention constitutional. Resp’ts’ Mot. to Dismiss 10-13. The Court has continuously rejected that argument, noting that the only thing decided by the Supreme Court in Demore was whether any period of mandatory detention under § 1226(c) was constitutional, not whether prolonged detention could at some point violate due process. See, e.g., S.C. v. Warden, Stewart Det. Ctr., No. 4:23-CV-64-CDL-MSH, 2024 WL 796541, at *2-4 (M.D. Ga. Jan. 5, 2024). Nevertheless, the Court need not wade into that discussion at this time because even if the Court applies the multi-factorial analysis of Sopo I, Petitioner is still not entitled to habeas relief. II. Sopo Factors As noted, the Eleventh Circuit in Sopo I applied the doctrine of constitutional avoidance to conclude there is an implicit temporal limitation against unreasonably prolonged detention without a bond hearing of § 1226(c) detainees. However, in determining whether a criminal alien’s due process rights have been violated, the Court rejected a bright-line rule like the six-month presumptively reasonable removal period the Supreme Court adopted in Zadvydas v. Davis, 533 U.S. 678 (2001) for petitioners detained post-final order of removal under § 1231(a)(6). Sopo I, 825 F.3d at 1214-17. Instead the Eleventh Circuit adopted a case-by-case approach for district courts to follow, noting that “reasonableness, by its very nature, is a fact- dependent inquiry requiring an assessment of all circumstances of any given case.” Id. at 1215 (quotation marks omitted). Sopo identified five factors for district courts to consider. Id. at 1217-18. The Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 6 of 10
7 first was the length of detention, with the Court suggesting that “a criminal alien’s detention without a bond hearing may often become unreasonable by the one-year mark, depending on the facts of the case.” Id. at 1217. The second factor was a consideration of “why the removal proceedings have become protracted.” Id. at 1218. The Court noted that while criminal aliens should not be “punished for pursuing avenues of relief and appeals,” district courts should consider whether the alien has “sought repeated or unnecessary continuances” or acted in bad faith to delay proceedings. Id. The Court also identified three other factors: whether removal of the criminal alien would be possible once a removal order became final, whether the civil detention period exceeded the time the alien spent in prison for the crime rendering him removable, and whether the facility where he was detained was “meaningfully different from a penal institution for criminal detention.” Sopo I, 825 F.3d at 1218. Finally, the Court stated its list was “not exhaustive” and that the factors to be considered would vary depending on the facts of each case. Id. at 1218. Among other factors, the Court noted that the First Circuit looked at whether there was a “foreseeability of proceedings concluding in the near future” and “the likelihood that proceedings will culminate in a final removal order.” Id. at 1218 (quoting Reid v. Donelan, 819 F.3d 486, 500 (1st Cir. 2016)). III. Petitioner’s Detention Complies with Due Process Applying the Sopo factors here, the Court concludes that Petitioner’s ongoing detention does not violate due process. At present, Petitioner has been detained for just short of fourteen months, which slightly exceeds the one-year “outer limit of Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 7 of 10
8 reasonableness” identified by Sopo as the point at which detention without a bond hearing “may often become unreasonable . . . depending on the facts of the case.” Sopo I, 825 F.3d at 1217. However, the Court notes that at the time Petitioner originally filed his petition, he had been detained for two months. Pet. 1, ECF No. 1. Thus, this factor only weighs slightly in Petitioner’s favor. The second factor looks at why removal proceedings have been protracted. Sopo I, 825 F.3d at 1218. Here, the evidence shows that Petitioner has requested continuances of the immigration proceedings on at least five occasions. Hayes Decl. ¶¶ 20-21; Chambliss Decl. ¶¶ 4, 9-10. While there is no evidence that these requests were in bad faith, they were also not a result of the Government failing to facilitate removal proceedings. In fact, despite the continuances, immigration proceedings have steadily progressed such that the IJ has sustained the charges of removability and proceeded to consideration of Petitioner’s request for relief from removal. Chambliss Decl. ¶¶ 5, 8, 11. Moreover, while no estimate has been provided as to when removal proceedings may conclude, it is clear that they are proceeding in reasonably timely fashion. Petitioner has not responded to the motion to dismiss to contend otherwise. Therefore, the Court concludes that this factor weighs in favor of Respondents. The third factor considers “whether it will be possible to remove the criminal alien after there is a final order of removal.” Sopo I, 825 F.3d at 1218. Assuming Petitioner is not granted relief from removal to Jamaica, the evidence before the Court is that immigration detainees are regularly issued travel documents and Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 8 of 10
9 successfully removed to Jamaica. Hayes Decl. ¶ 23. The fourth factor is “whether the alien’s civil immigration detention exceeds the time the alien spent in prison for the crime that rendered him removable.” Sopo I, 825 F.3d at 1218. Here, Petitioner has spent considerably longer in prison than his period in immigration detention, and this factor weighs heavily in favor of Respondents.4 Among other possible factors Sopo I mentioned as being relevant was the likelihood of removal proceedings resulting in a removal order. Id. Here, an IJ has already sustained the charges of removability, and Petitioner has provided the Court with no reason to believe that his request for relief from removal will be granted. Therefore, this is an additional factor weighing in Respondents’ favor. In summary, the record shows that while Petitioner has been held for a little less than fourteen months, his removal proceedings have proceeded steadily and there is no reason to believe that a final removal order will not be obtained in a reasonably expeditious manner. Accordingly, the Court recommends that Respondents’ motion to dismiss be granted. CONCLUSION For the foregoing reasons, the Court recommends that Respondents’ motion to dismiss (ECF No. 7) be GRANTED. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension 4 The Eleventh Circuit has held that Stewart Detention Center is not meaningfully different than a prison, Sopo I, 825 F.3d at 1221, so Respondents do not contest the fifth Sopo factor. Resp’ts’ Mot. to Dismiss 13. Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 9 of 10
10 of time to file objections, within fourteen (14) days after being served with a copy hereof. The district judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error. The parties are hereby notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge’s findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.” SO RECOMMENDED, this 6th day of February, 2026. s/ Amelia G. Helmick UNITED STATES MAGISTRATE JUDGE Case 4:25-cv-00062-CDL-AGH Document 11 Filed 02/06/26 Page 10 of 10
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