Sisse v. Moniz
Sisse v. Moniz
Opinion of the Court
YOUNG, D.J.
On November 11, 2018, Sambu Sisse ("Sisse") filed a petition for writs of habeas corpus and mandamus. Pet. Writ Habeas Corpus Pursuant
The petition named as respondents Kirstjen Nielsen, then-Secretary of the Department of Homeland Security; Ronald D. Vitiello, then-Acting Director of Immigration and Customs Enforcement; Todd Lyons, then-Boston Field Office Director of Immigration and Customs Enforcement; Antone Moniz ("Moniz"), Superintendent, Plymouth County House of Corrections; and Joseph D. McDonald, Jr., Sheriff of Plymouth County.
On November 28, 2018, Moniz moved to dismiss Sisse's original petition. Resp't's Mot. Dismiss Pet. Writ Habeas Corpus, ECF No. 7. On December 3, 2018, Sisse responded to Moniz's motion with an amended petition. Emergency First Am. Compl. Inj. & Decl. Relief/Emergency Mot. Amend Habeas Pet. Include Counts Inj./Decl. Relief ("Am. Pet."), ECF No. 10.
On December 4, 2018, this Court transferred Sisse's case to the First Circuit because it determined that subject matter jurisdiction existed only in that court, ECF Nos. 13, 14. On January 10, 2019, the Board of Immigration Appeals declined to reopen Sisse's removal proceedings. Resp't's Opp'n Pet'r's Mots. Inj. & Emergency Relief ("Opp'n"), Ex. 1, In re Sambu Sisse 4, ECF No. 26-1. The First Circuit ruled on April 29, 2019 that it lacked jurisdiction over Sisse's case and remanded it back to this Court to analyze its own jurisdiction and resolve the case. Judgment 1, ECF No. 16.
On June 11, 2019, Moniz opposed Sisse's motions for injunctive relief. Opp'n, ECF No. 26. Sisse replied on June 12 and raised, for the first time, the possibility that he might fall into a class certified in another session of this Court and requested a stay of removal pending an I-485 application. See Pet'r's Resp. Gov't's Opp'n 1, 5, ECF No. 27. The Court heard argument on the pending motions on June 13, 2019 and took them under advisement. Electronic Clerk's Notes, ECF No. 28. At the hearing, the Court orally granted Sisse's motion to amend his petition.
After careful consideration, the Court concludes that the claims that Sisse presents in his amended petition are moot. See Cruz v. Farquharson,
Sisse filed his habeas corpus petition in order to facilitate the Board of Immigration *65Appeals' review of his motion to reopen his removal order. Am. Pet. 13. According to Sisse, if the Board of Immigration Appeals agreed to reopen his case, he would become eligible for adjustment of status. Id. at 13-14. Yet the Board of Immigration Appeals has already considered Sisse's motion to reopen and rejected it. Opp'n, Ex. 1, In re Sambu Sisse 4. As a result, Sisse can no longer seek an adjustment of status. Cf. Am. Pet. 3 (citing
Sisse has now received exactly what his amended petition requested: the complete adjudication of his immigration claims in the immigration system. The Court can do no more with the claims in his amended petition.
Therefore, the Court DENIES Sisse's motions for injunctive relief, ECF Nos. 11, 12, and GRANTS Moniz's motion to dismiss his petition, ECF No. 7. Further, the Court denies Sisse's requests for release now that his removal is "reasonably foreseeable." See Santos v. Cissna, Civ. A. No. 18-12232-WGY,
Nevertheless, the Court stays entry of judgment in this case and orders that Sisse not be removed for thirty days so that he may seek inclusion in a class certified per Order ¶ 2, Calderon Jimenez v. McAleenan, Civ. A. No. 18-10225 (May 17, 2019) (Wolf, J.), ECF No. 253.
SO ORDERED.
The Court granted Sisse's motion to amend his petition at the motion hearing on June 13, 2019. In any event, Sisse did not need to so move. See Fed. R. Civ. P. 15(a)(1) ("A party may amend its pleading once as a matter of course within: (A) 21 days after serving it ...."). The Court ordered Moniz served on November 14, 2018, ECF Nos. 4, 5. Therefore, Sisse had until December 5, 2018 to amend his petition without a motion. Because he amended the petition on December 3, 2018, his amendment was timely.
The Court granted the motion to amend with respect to Moniz only. The Court did not order the petition served on the other respondents identified in the original petition or David L. Neal, the Chairman of the Board of Immigration Appeals, whom the amended petition substituted for Kirstjen Nielsen. Compare Am. Pet. 1 with Pet.
Sisse asserts that this Court has subject matter jurisdiction pursuant to Congress's general grant of federal question jurisdiction and the Administrative Procedure Act. See Am. Pet. 6 (citing
Nowhere in the amended petition or the original petition did Sisse ask for relief based on an I-485 application. Compare Am. Pet. with Pet. In any event, United States Citizenship and Immigration Services denied Sisse's application on April 16, 2019, and Sisse may not appeal that decision. See Resp't's Notice Suppl. Authority Opp'n Pet'r's Mots. Inj. & Emergency Relief, Ex. 1, Notice Decision 2, ECF No. 29-1.
Reference
- Full Case Name
- Sambu SISSE v. Antone MONIZ, Superintendent, Plymouth County House of Corrections
- Cited By
- 1 case
- Status
- Published