769 F.Supp.3d 913
D. Alaska2025Background
- Roble Ahmed Salad, a Somali national, entered the U.S. without inspection in December 2022 and was placed into removal proceedings after seeking asylum.
- His asylum application was denied, his credible fear claim was found not credible, and a final order of removal was issued following unsuccessful appeals.
- ICE detained Salad while attempting to secure travel documents for his removal; after nearly a year, ICE released him under supervision due to inability to obtain the necessary documents.
- Salad was later rearrested after ICE alleged he failed to report as required (which Salad contested) and after ICE learned Somalia was considering a travel document for him.
- Salad applied for Temporary Protected Status (TPS), making him prima facie eligible and therefore not currently removable; he filed a habeas petition challenging continued detention under 8 U.S.C. § 1231(a)(6).
- The Magistrate Judge recommended granting Salad's petition; the District Court reviewed the recommendation de novo amid objections by Federal Respondents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Salad’s continued detention violates federal law (Zadvydas standard) | Salad argued no significant likelihood of removal due to pending TPS application and lack of permanent travel documents | Federal Respondents argued removal was foreseeable once TPS process ended or if travel documents obtained | Held for Salad—detention exceeds Zadvydas limits, as no significant likelihood of removal exists |
| Effect of pending TPS application on removability | Salad argued TPS application renders him non-removable until fully adjudicated, including appeals | Federal Respondents argued TPS decision would be a "definite end" to detention, making removal foreseeable | Held for Salad—pending TPS application prevents removal and renders it unforeseeable |
| Relevance of temporary Somali travel document | Salad argued document is temporary, likely to expire before TPS process is final, and renewal is speculative | Federal Respondents argued existence of travel document makes removal foreseeable | Held for Salad—temporary nature and uncertain renewal of travel document do not establish significant likelihood of removal |
| Waiver of administrative exhaustion for habeas review | Salad argued exhaustion is prudential and unnecessary where detention is unlawful and irreparable injury likely | Federal Respondents did not meaningfully contest waiver, but generally opposed premature judicial review | Waiver granted; administrative remedies not efficacious under circumstances |
Key Cases Cited
- Zadvydas v. Davis, 533 U.S. 678 (2001) (immigration detention post-removal order is limited to time reasonably necessary to effectuate removal; no indefinite detention)
- Jennings v. Rodriguez, 583 U.S. 281 (2018) (addressing limits of immigration detention during removal proceedings)
- Sanchez v. Mayorkas, 593 U.S. 409 (2021) (discussion of TPS eligibility and benefits)
- Acevedo-Carranza v. Ashcroft, 371 F.3d 539 (9th Cir. 2004) (discussing exhaustion in habeas immigration contexts)