Rodney v. Mukasey
Rodney v. Mukasey
Opinion of the Court
OPINION
Appellant Dexter Rodney, an immigration detainee at the Pike County Correctional Facility in Lords Valley, Pennsylvania, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in United States District Court for the Middle District of Pennsylvania, challenging his detention by the United States Department of Homeland Security. Rodney, a native and citizen of Guyana, entered the United States on February 27, 1996 as a lawful permanent resident. On February 11, 2004, following a jury trial, he was convicted in United States District Court for the Southern District of New York of bank fraud and theft of government property. On March 21, 2005, the United States Court of Appeals for the Second Circuit affirmed the conviction. Rodney’s sentence expired on July 12, 2007.
In a Notice to Appear dated July 12, 2007, Rodney was charged with removability under 8 U.S.C. § 1227(a)(2)(A)(iii), as an alien who had been convicted of an aggravated felony as defined in 8 U.S.C. § 1101(a)(43)(M)(i).
Rodney, through counsel, timely appealed the IJ’s decision to the Board of Immigration Appeals. Meanwhile, on July 24, 2008, just before the Board sustained the
The District Court determined that Rodney’s detention was authorized by 8 U.S.C. § 1226(c)(1)(B), which instructs the Attorney General to take into custody and detain during ongoing removal proceedings any alien who, like Rodney, is removable by reason of having committed an aggravated felony.
Rodney appeals. On April 24, 2009, he filed a motion for appointment of counsel on appeal and an application to proceed in forma pawperis. Our Clerk granted him leave to appeal in forma pauperis and advised him that his appeal was subject to summary dismissal under 28 U.S.C. § 1915(e)(2)(B) or summary affirmance under Third Cir. LAR 27.4 and I.O.P. 10.6. He was invited to submit argument in writing, and, on July 13, 2009, Rodney submitted argument in support of his appeal.
We will dismiss the appeal as moot. In argument in support of his appeal, Rodney contends that his continued pre-final order of removal detention pursuant to 8 U.S.C. § 1226(c) without a hearing violates due process. He notes the holding of Demore, 538 U.S. 510, 123 S.Ct. 1708, and that it is not in his favor, but he urges us to consider reading Demore narrowly because he has been in DHS’s custody since July 12, 2007, and this lengthy detention exceeds “the brief period necessary for removal proceedings” found acceptable in Demore. (Argument in Support of Appeal, at 2.) Pointing to a concurrence in Demore, 538 U.S. at 532, 123 S.Ct. 1708 (Kennedy, J., concurring), Rodney argues that an individualized determination is warranted if the continued pre-final order of removal detention becomes unreasonable, which it has in his case. What Rodney neglects to tell us, however, is that his pre-final order of removal detention has ended.
On March 12, 2009, shortly after the District Court rendered its decision on his habeas corpus petition, the Board of Immi
Accordingly, insofar as Rodney challenged the lawfulness of his detention pursuant to 8 U.S.C. § 1226(c), and he is no longer in custody pursuant to this statute, his appeal is moot. Under Article III of the Constitution, a federal court may adjudicate “only actual, ongoing cases or controversies.” Lewis v. Continental Bank Corp., 494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990). The case or controversy requirement continues through all stages of federal judicial proceedings, trial and appellate. Id. at 477-478, 110 S.Ct. 1249. The injury alleged, unreasonably long pre-final order of removal detention under 8 U.S.C. § 1226(c), can no longer be redressed by a favorable judicial decision. Allen v. Wright, 468 U.S. 737, 750-751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984); Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 471-473, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982). Thus, Rodney’s appeal is moot.
Under 8 U.S.C. § 1231(a), the post-final order of removal detention statute, the Attorney General must detain Rodney.
Rodney’s current custody is authorized by section 1231(a) and mandatory, and any claim that his post-removal order detention has become unreasonably long would be premature and unfounded. The removal period begins on the latest of (1) the date the order of removal becomes administratively final; (2) if the removal order is judicially reviewed and if a court orders a stay of the alien’s removal, the date of the
For the foregoing reasons, we will dismiss the appeal as moot. Appellant’s motion for appointment of counsel on appeal is denied.
. An aggravated felony is defined, in pertinent part, in 8 U.S.C. § 1101(a)(43)(M)(i) as "an offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000.”
. The statute provides that: “The Attorney General shall take into custody any alien who — ... is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title.” 8 U.S.C. § 1226(c)(1)(B).
. The statute provides: "During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found ... deport-able under section 1227(a)(2) or 1227(a)(4)(B) of this title.” 8 U.S.C. § 1231(a)(2).
. The statute provides: "An alien ordered removed who is ... removable under section 1227(a)(1)(C), 1227(a)(2), or 1227(a)(4) of this title ... may be detained beyond the removal period....” 8 U.S.C. § 1231(a)(6).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.