Case: Moallin v. Cangemi

0:05-cv-01826 | U.S. District Court for the District of Minnesota

Filed Date: Aug. 15, 2005

Closed Date: 2006

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Case Summary

On August 15, 2005, a Somali refugee who was detained by the Bureau of Immigration and Customs Enforcement (ICE) pending removal filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the U.S. District Court for the District of Minnesota. Because Petitioner received several criminal convictions, the ICE sought to revoke his lawful permanent resident status and deport him pursuant to the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(ii)-(iii). Petitioner claimed …

Petitioner claimed that his detention in custody was unlawful under Zadvydas v. Davis, 533 U.S. 678, (2001). Specifically, Petitoner asserted that his custody had exceeded 6 months and that it was unlikely that he would be deported to Somalia in light of the lack of a functioning government there. He argued that the government had to either deport him to Somalia, or release him from custody.

On April 21, 2006, the District Court (Judge Michael J. Rosenbaum) adopted the Magistrate's Report and Recommendation and ordered that Petitioner be released from custody on grounds that there was no significant likelihood that his removal could be accomplished in near future. The ICE was to be made aware of his whereabouts pending further removal proceedings. Moallin v. Cangemi, 427 F. Supp. 2d. 908 (D. Minn. 2006).

We have no further information on this case.

Summary Authors

Stephen Imm (8/23/2007)

People

Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorney for Plaintiff

Menendez, Katherine (Minnesota)

Attorney for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

Judge(s)

Nelson, Susan Richard (Minnesota)

Rosenbaum, James Michael (Minnesota)

Attorney for Plaintiff

Menendez, Katherine (Minnesota)

Attorney for Defendant

Humes, Joan D. (Minnesota)

Millenacker, Robyn A (Minnesota)

Documents in the Clearinghouse

Documents in this case

0:05-cv-01826	Docket	April 21, 2006	April 21, 2006 Docket
14 0:05-cv-01826	Opinion	April 12, 2006	April 12, 2006 Order/Opinion 427 F.Supp.2d 908

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Docket

Last updated March 24, 2025, 8:20 a.m.

ECF Number	Date	Description	Link
1	Aug. 15, 2005	PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 436830.) assigned to Judge James M. Rosenbaum per Habeas referred to Magistrate Judge Susan R. Nelson 4:05ad655, filed by Abdirahman Moallin. (Attachments: # 1 Civil Cover Sheet)(VEM) (Entered: 08/15/2005)	PACER
2	Aug. 17, 2005	ORDER directing Respondent to show cause why writ should not be granted. Signed by Magistrate Judge Susan R Nelson on 8/17/05. (VEM) (Entered: 08/19/2005)	PACER
3	Aug. 25, 2005	MOTION to Appoint Counsel by Abdirahman Moallin. (Attachments: # 1 Certificate of Service)(Menendez, Katherine) (Entered: 08/25/2005)	PACER
4	Aug. 29, 2005	ORDER granting 3 Motion to Appoint Counsel. Signed by Magistrate Judge Susan R Nelson on 8/29/05. (VEM) (Entered: 08/29/2005)	PACER
5	Sept. 16, 2005	RESPONSE TO ORDER TO SHOW CAUSE by Mark Cangemi, Bureau of Customs and Immigration Enforcement, Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Humes, Joan) (Entered: 09/16/2005)	PACER
6	Sept. 16, 2005	ADMINISTRATIVE RECORD. (Attachments: # 1 part 2# 2 part 3)(Humes, Joan) (Entered: 09/16/2005)	PACER
7	Sept. 16, 2005	CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 5 Response to Order to Show Cause, 6 Administrative record (Humes, Joan) (Entered: 09/16/2005)	PACER
8	Sept. 21, 2005	MEMORANDUM by Abdirahman Moallin In Response to Government's Return filed by Abdirahman Moallin. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Certificate of Service)(Menendez, Katherine) (Entered: 09/21/2005)	PACER
9	Jan. 17, 2006	REPORT AND RECOMMENDATION that 1 Petition for Writ of Habeas Corpus, filed by Abdirahman Moallin be GRANTED; and that Petitioner be released subject to such terms and conditions as Respondents deem necessary to ensure that Respondents will be kept apprised of Petitioner's whereabouts pending his removal. Objections to R&R due by 2/3/2006. Signed by Magistrate Judge Susan R Nelson on 1/17/06. (JLB) (Entered: 01/17/2006)	PACER
10	Feb. 3, 2006	NOTICE OF ATTORNEY APPEARANCE/SUBSTITUTION for Mark Cangemi, Bureau of Customs and Immigration Enforcement (Attachments: # 1 Certificate of Service)(Millenacker, Robyn) (Entered: 02/03/2006)	PACER
11	Feb. 3, 2006	OBJECTION to 9 Report and Recommendations. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 02/03/2006)	PACER
12	Feb. 3, 2006	DECLARATION by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(Millenacker, Robyn) (Entered: 02/03/2006)
13	March 9, 2006	OBJECTION to 9 Report and Recommendations Response to Goverment's Objections to . (Attachments: # 1 Certificate of Service)(Menendez, Katherine) Modified text on 3/10/2006 (jam). (Entered: 03/09/2006)	PACER
14	April 13, 2006	ORDER Adopting 9 Report and Recommendation. Signed by Judge James M Rosenbaum on 4/12/06. (jjn) (Entered: 04/13/2006)	Clearinghouse
15	April 14, 2006	JUDGMENT (Attachments: # 1 Civil Notice - appeal)(VEM) (Entered: 04/14/2006)	PACER
16	April 18, 2006	AMENDED ORDER adopting 9 Report and Recommendation, and granting 1 petition for writ of habeas corpus. Signed by Judge James M Rosenbaum on 4/18/06. (jjn) (Entered: 04/18/2006)	PACER
17	April 19, 2006	AMENDED JUDGMENT (Attachments: # 1 Civil Notice - appeal)(jam) (Entered: 04/19/2006)	PACER
18	April 20, 2006	RESPONSE re 17 Judgment filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Millenacker, Robyn) (Entered: 04/20/2006)	PACER
19	April 20, 2006	Declaration of Robyn A. Millenacker in Support of 18 Response filed by Mark Cangemi, Bureau of Customs and Immigration Enforcement. (Attachments: # 1 Exhibit(s) A)(Millenacker, Robyn) (Entered: 04/20/2006)	PACER
20	April 20, 2006	CERTIFICATE OF SERVICE by Mark Cangemi, Bureau of Customs and Immigration Enforcement re 18 Response, 19 Declaration in Support (Millenacker, Robyn) (Entered: 04/20/2006)	PACER
21	April 21, 2006	ORDER that Respondent is to immediately release from custody, or as soon thereafter as practical, but in no event later than the close of business on Monday, 4/24/2006, petitioner Abdirahman Moallin. Signed by Chief Judge James M Rosenbaum on 4/21/2006. (HLL) . (Entered: 04/21/2006)	PACER