Dorrielan v. ICE / U.S. Immigration and Customs Enforcement

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 22-cv-24029-BLOOM JOB DORRIELAN, Petitioner, v. ICE, et. al., Respondent. / ORDER THIS CAUSE is before the Court on Petitioner Job Dorrielan’s motion for release, ECF No. [18], filed on January 27, 2023. Therein, Petitioner argues that he is entitled to immediate release from custody under the preliminary injunction issued in Fraihat v. U.S. Immigr. & Customs Enf’t, 445 F. Supp. 3d 709, 718 (C.D. Cal. 2020), order clarified, No. EDCV191546JGBSHKX, 2020 WL 6541994 (C.D. Cal. Oct. 7, 2020), and rev’d and remanded, 16 F.4th 613 (9th Cir. 2021).

Even if the Court has subject matter jurisdiction over this action,1 the Ninth Circuit Court of Appeals vacated the preliminary injunction issued in Fraihat and directed that all orders premised on it be vacated. Avdulahaj v. Warden of Krome Processing Ctr., No. CV 21-23497, 2022 WL 17851633, at *2 (S.D. Fla. Apr. 7, 2022) (citing Fraihat v. U.S. Immigration and Customs Enforcement, 16 F.4th 613, 619 (9th Cir. 2021)). Thus, Petitioner is not entitled to relief on these grounds.

1 Respondents contend that this Court lacks subject matter jurisdiction over this action because a six- month custodial period following an order of removal has not elapsed prior to the filing of the habeas petition in this case. ECF No. [19] (citing Fahim v. Ashcroft, 227 F. Supp. 2d 1359, 1363 (N.D.Ga. 2002)).

Case No. 22-cv-24029-BLOOM Accordingly, it is ORDERED AND ADJUDGED that Petitioner’s Motion for Release, ECF No. [18], is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, on January 31, 2023.

UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Job Dorrielan A#077-877-569 Krome Service Processing Center Inmate Mail/Parcels 18201 SW 12th Street Miami, FL 33194 PRO SE