Quartey v. Harvey
1:25-cv-00065
W.D.N.Y.May 16, 2025Background
- Daniel Nii Kwartet Quartey, a dual citizen of the UK and Ghana, entered the U.S. under the Visa Waiver Program (VWP) using his UK passport.
- After being arrested, Quartey was detained by DHS on August 7, 2024, and a Final Administrative Removal Order was issued due to his VWP status.
- Quartey expressed fear of return to the UK and initiated asylum proceedings but was later found mentally incompetent and assigned a representative.
- On February 18, 2025, Quartey withdrew his asylum application, making the removal order administratively final; he later appealed the judge's competency determination, delaying removal.
- He filed a habeas petition challenging the length and lawfulness of his immigration detention under 28 U.S.C. § 2241.
- At the time of the decision, Quartey had been detained for about three months post-final removal order and was awaiting removal at the Buffalo Federal Detention Facility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of continued detention | Continued detention exceeds permissible | Detention is lawful under §1231; within time | Detention is lawful and petition is |
| under 8 U.S.C. § 1231 | limits and is unconstitutional | frames; removal not unreasonably delayed | dismissed as premature |
| Jurisdiction over habeas claim | District court can review length of | Only circuit courts have jurisdiction over | District court may only review |
| challenging removal order | detention | challenges to removal orders | pre-removal detention—not removal |
| order itself | |||
| Effect of VWP Waiver and Asylum | Withdrawal of asylum means he cannot | Under VWP, rights to contest removal waived; | Waiver applies; only possible to |
| Withdrawal | be further detained | only asylum or stay of removal challengeable | challenge length of detention, not |
| removal itself due to waiver | |||
| Application of Zadvydas standard | Detention approaching unreasonable | Less than 6 months detained; no showing of | Zadvydas inapplicable; detention not |
| (six-month rule) | period set by Zadvydas | removal unlikely; self-caused delays | excessive; self-inflicted delays |
Key Cases Cited
- Gittens v. Menifee, 428 F.3d 382 (2d Cir. 2005) (REAL ID Act channels removal order challenges to circuit courts, eliminating district court habeas jurisdiction)
- Demore v. Kim, 538 U.S. 510 (2003) (district courts have limited jurisdiction to review constitutionality of pre-removal immigration detention)
- Vasconcelos v. Lynch, 841 F.3d 114 (2d Cir. 2016) (VWP entrants waive right to contest removal, except for asylum or stays)
- Zadvydas v. Davis, 533 U.S. 678 (2001) (detention beyond six months presumed unreasonable unless government shows removal is likely in foreseeable future)