Phouk v. Warden, Stewart Detention Center
Phouk v. Warden, Stewart Detention Center
Opinion of the Court
On March 27, 2019, Petitioner filed an "Emergency Motion to Authorize Discovery[.]" Pet'r's Mot. for Disc. 1, ECF No. 9. Respondents contend that Petitioner's discovery requests are based on "speculation" that "is not enough to rise to the level of showing good cause for discovery." Resp'ts' Resp. to Mot. for Disc. 4, ECF No. 11. The Court disagrees with Respondents and finds there is good cause to authorize discovery here.
I. Habeas Discovery
A habeas petitioner, "unlike the usual civil litigant in federal court, is not entitled to discovery as a matter of ordinary course." Bracy v. Gramley ,
Good cause exists "where specific allegations [ ] show reason to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that [they are] entitled to relief." Daniel v. Comm'r, Ala. Dep't of Corr. ,
II. Elements of Petitioner's Claim
Before the Court can determine whether Petitioner is entitled to discovery, "we must first identify the essential elements of [his] claim."
The Zadvydas Court determined it was "practically necessary ... for the sake of uniform administration in the federal courts" to establish a "presumptively reasonable period of detention."
The Eleventh Circuit interprets Zadvydas as requiring an alien to show: "(1) that the six-month period, which commences at the beginning of the statutory removal period, has expired when the § 2241 petition is filed; and (2) evidence of a good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future." Gozo v. Napolitano ,
III. Good Cause
The fundamental issue in this case is the likelihood that Petitioner will be removed from the United States in the "reasonably foreseeable future" as defined in Zadvydas. Respondents contend that "there is a significant likelihood of [Petitioner's] removal in the foreseeable future" and "Petitioner's detention is thus legally justified." Resp. to Pet. 3, ECF No. 7. They state that Petitioner is a native and citizen of Cambodia, and that U.S. Customs and Immigration Enforcement "submitted a request for travel documents to Cambodia for Petitioner in January 2019." Id. at 1, 5. Respondents have also asserted that Petitioner was to attend a "citizenship interview" with the Cambodian government on March 25, 2019. Id. at 5. They argue these actions render Petitioner's claim to be "without merit." Id.
*1213Petitioner has shown good cause for discovery by making specific allegations that are both capable of further factual development and fundamental to the merits of his claim for relief. In his motion seeking discovery, he insists he "needs access to information clarifying a factual question created by existing information in the case." Pet'r's Mot. for Discovery 5. He also states that, while "the Cambodian Government has corresponded with the United States while Petitioner has been detained[,] Petitioner has never been interviewed or otherwise met with Cambodian Government officials." Id. Petitioner also claims that his assigned Deportation Officer informed him that the Cambodian government has previously "claimed that Petitioner was not Cambodian but Vietnamese." Id. at 10. Notably, Petitioner's assertion that he has not been interviewed by Cambodian officials was made after the March 25, 2019, date Respondents claimed he would be doing so, and has not been contradicted. See Id. at 12. Respondents also do not explicitly contradict Petitioner's claim that he was told the Cambodian government does not recognize him as one of their citizens. See Resp. to Mot. for Discovery 3.
Respondents' assertions that Petitioner seeks to go on a "fishing expedition" and is making claims based on "mere speculation[,]" are insufficient. Id. Respondents essentially ask the Court to deny Petitioner discovery because he has failed to obtain material which would be in their possession if it exists, and thus only available to Petitioner through discovery. Further, their contention that "Petitioner's proposed discovery requests would trigger an obligation for Respondents to search, review, and produce countless hard copy and electronic documents and files," is not a substantive argument. Id.
CONCLUSION
Because Petitioner has shown good cause exists to authorize limited discovery, his motion seeking the authorization of discovery (ECF No. 9 ) is granted in part and denied in part. The parties are to confer and submit a joint discovery plan within fourteen (14) days. If the parties are unable to agree on such a plan, they are to notify the Court and provide three agreeable dates for a hearing or telephone conference.
SO ORDERED, this 5th day of April, 2019.
The Rules Governing § 2254 Cases in the United States District Courts ("Habeas Rules") are applicable to petitions brought under
Reference
- Full Case Name
- Samnang PHOUK v. WARDEN, STEWART DETENTION CENTER
- Status
- Published