Free Return to Petition - District Court of California - California

Case 3:08-cv-00091-WQH-NLS

Document 9

Filed 05/12/2008

Page 1 of 3

1 KAREN P. HEWITT United States Attorney 2 SAMUEL W. BETTWY Assistant U.S. Attorney 3 California State Bar No. 094918 Federal Office Building 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Email: [email protected] Telephone: (619) 557-7119 6 Attorneys for the Respondents 7 8 9 10 11 12 13 15 16 17 18 19
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ACHOUR BOUGUERNE, Petitioner, v.

MICHAEL CHERTOFF, Secretary 14 of Homeland Security; et al., Respondents.

) ) ) ) ) ) ) ) ) ) ) I

Case No. 08cv0091-WQH (NLS) A98 950 259 RETURN TO PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION Since June 18, 2007, the Custody Determination Unit of Headquarters

20 ("HQCDU"), Immigration and Customs Enforcement ("ICE") has had jurisdiction over 21 efforts to obtain travel documents from the Algerian consulate to effect the repatriation 22 of Petitioner Bouguerne. On May 9, 2008, the undersigned was informed by ICE 23 attorney Alice Miller of the ICE Principal Advisor's Office in Washington, D.C., that the 24 decision had been made to release Petitioner Bouguerne on an Order of Supervision. 25 Upon Bouguerne's release, the undersigned will lodge a copy of the Order of 26 Supervision with the Court and, at that time, request dismissal for mootness. 27 /// 28 ///

Case 3:08-cv-00091-WQH-NLS

Document 9

Filed 05/12/2008

Page 2 of 3

1 2 3

II STATEMENT OF FACTS Petitioner Bouguerne is a native and citizen of Algeria. [Ex. 20.]1/ In 1991, he left

4 Algeria and flew to Canada, where he applied for, and was denied, asylum. [Exs. 1-19.] 5 He was ordered to depart Canada, but he remained until sometime in 1994 when he 6 entered the United States without inspection. [Exs. 20-21.] He worked for several years 7 in San Francisco until April 2006 when he took a trip to Tijuana. [Ex. 22.] On 8 April 29, 2006, he was apprehended by U.S. Border Patrol shortly after climbing over 9 the U.S.-Mexico boundary fence into the United States approximately two miles west of 10 San Yisdro, California. [Ex. 21.] 11 On April 30, 2006, he was placed in removal proceedings and charged with 12 inadmissibility under 8 U.S.C. § 1182(a)(6)(A)(i) (arrived at a place other than a port 13 of entry). [Exs. 24-29.] Bouguerne retained counsel on May 10, 2006. [Exs. 31-34.] 14 After several continuances to accommodate Bouguerne [Exs. 35-36, 38-39, 41-47], the 15 evidentiary hearing was convened on March 5, 2007. [Ex. 48.] On that date, the IJ 16 denied all forms of relief and ordered Bouguerne removed from the United States to 17 Algeria, and Bouguerne did not appeal from the decision. [Exs. 48-48.] 18 On that same date, March 5, 2007, the ICE detention facility at El Centro 19 requested a travel document from the Algerian consulate. [Ex. 56.] On May 30, 2007, 20 the Algerian consulate interviewed Bouguerne and informed ICE officials that a travel 21 document would issue upon Bouguerne's production of a birth certificate or Algerian 22 National Document. [Exs. 58, 61.] On June 1, 2007, ICE conducted a 90-day custody 23 review and determined that custody should be continued. [Exs. 50-62.] Mr. Bouguerne 24 did not produce the documentation required by the consulate, so on June 18, 2007, the 25 El Centro ICE detention facility referred the matter to HQCDU for assistance. [Exs. 6026 63.] 27 28 "Ex." refers to the accompanying true copy of documents contained in Bouguerne's ICE administrative "A-File," No. A98 950 259.
2 08cv0091-WQH
1/

Case 3:08-cv-00091-WQH-NLS

Document 9

Filed 05/12/2008

Page 3 of 3

1

On September 19, 2007, HQCDU conducted a 180-day custody review and

2 determined that detention should continue because the Algerian government regularly 3 issues documents to effect the repatriation of its nationals and there was no indication 4 that the Algerian consulate would not issue travel documents for the repatriation of 5 Bouguerne. [Exs. 65-66.] 6 7 On January 15, 2008, Bouguerne commenced these habeas proceedings. On May 9, 2008, ICE attorney Alice Miller of the ICE Principal Advisor's Office

8 in Washington, D.C., informed the undersigned that the decision had been made to 9 release Petitioner Bouguerne on an Order of Supervision. [Declaration of Samuel W. 10 Bettwy.] 11 12 13 III CONCLUSION Upon Bouguerne's release, the undersigned will lodge a copy of the Order of

14 Supervision with the Court and will request dismissal of this case for mootness. 15 Accordingly, it is suggested that the Court schedule a status conference at the soonest 16 available time and date after the traverse is due in this case. 17 18 19 20 21 22 23 24 25 26 27 28
3 08cv0091-WQH

Dated: May 12, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Samuel W. Bettwy SAMUEL W. BETTWY Assistant U.S. Attorney