Quezada v. Hendricks
821 F. Supp. 2d 702
D.N.J.2011Background
- Quezada, a Peruvian citizen, challenged DHS pre-removal detention under 8 U.S.C. § 1226(c).
- Removal order became administratively final on April 29, 2011 after BIA affirmation.
- Detention during pre-removal period originated from a 1999 New Jersey weapon offense; 2006 offenses did not trigger removal proceedings.
- Removal proceedings were based on the 1999 conviction; 2006 offenses not the basis for removal.
- Immigration Judge ordered removal on January 4, 2011; BIA affirmed on April 29, 2011; Third Circuit denied stay; Quezada sought habeas relief under § 2241.
- Petitioner filed petition in district court and sought an injunction to prevent transfer; respondent moved to dismiss as moot after final removal order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition is moot after final removal order | Quezada argued pre-removal detention under §1226(c) remained unlawful | Detention ceased to be governed by §1226(c) once removal became final and §1231 governs | Mootness; petition dismissed as moot; detention now under §1231(a)(6) and beyond the six months is presumptively reasonable |
| Whether §1226(c) governs detention at issue | Detention was not tied to immediate custody after release in 2000 | Detention law depends on timing within removal process; §1226(c) applies during pre-removal period | §1226(c) governs pre-removal detention; not applicable once removal becomes final (but mootness defeated) |
| Whether the case falls within a mootness exception for repetition | Diop v. ICE shows capable of repetition evading review | Quezada’s situation did not present a reasonable expectation of re-detention under §1226(c) | Diop exception not satisfied; case deemed moot |
| Whether 2241 jurisdiction remains despite mootness | Continued challenge to pre-removal detention warrants relief | Moot because removal order final and relief unlikely to affect detention | Subject matter jurisdiction acknowledged but petition dismissed as moot |
Key Cases Cited
- Zadvydas v. Davis, 533 U.S. 678 (U.S. 2001) (limits post-removal detention to reasonably foreseeable removal; six-month presumption)
- Saysana v. Gillen, 590 F.3d 7 (1st Cir. 2009) (discusses detention timing for §1226(c))
- Diop v. ICE/Homeland Security, 656 F.3d 221 (3d Cir. 2011) (mootness and repetition in pre-removal detention scenario)
- Spencer v. Kemna, 523 U.S. 1 (U.S. 1998) (concept of mootness and likelihood of redress)
- Turner v. Rogers, U.S. , 131 S. Ct. 2507 (U.S. 2011) (case-or-controversy and mootness relevance)