Castro-Almonte v. Searls

1

LUIS CASTRO-ALMONTE, Petitioner, v. JEFFREY SEARLS, in his official capacity as Officer-in-Charge of the Buffalo Federal Detention Facility, TAE JOHNSON, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, ALEJANDRO MAYORKAS, in his official capacity as Secretary of the U.S. Department of Homeland Security, MERRICK GARLAND, in his official capacity as Attorney General of the United States, Respondents.^[1]

No. 22-CV-861 (JLS)

United States District Court, W.D. New York

February 9, 2023

DECISION AND ORDER

John L. Sinatra, Jr. United States District Judge

Luis Castro-Almonte, a native and citizen of the Dominican Republic, has been detained at the Buffalo Federal Detention Facility pending removal proceedings for approximately 11 months, and petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

Castro-Almonte is currently detained under 8 U.S.C. § 1226(c).^[2] Section 1226(c) requires detention of aliens convicted of certain crimes pending removal proceedings and does not afford a hearing at which the alien may advocate for release. Castro-Almonte argues that Section 1226(c), as applied to him, violates his Fifth Amendment procedural due process rights because it requires his continued detention, without a bond hearing, pending a final removal order.

Castro-Almonte seeks, among other relief, an order requiring his “release within 10 days unless [the Government] schedule [s] a hearing before an immigration judge....” Specifically, Castro-Almonte asks that the Government be required to prove by clear and convincing evidence that his continued detention is necessary to protect the community or prevent him from fleeing-and show that no alternatives to detention are available. Dkt. 1, at 3 ¶ 8, 19-20 ¶ 58, 21 ¶ 3. If the Government cannot meet this burden, Castro-Almonte requests that the Immigration Judge (“IJ”) be required to order his release on appropriate conditions of supervision, considering his ability to pay. Id. at 3 ¶ 8. For the reasons that follow, the Court denies the relief that Castro-Almonte requests and dismisses his petition.

BACKGROUND

I. BACKGROUND AND DETENTION

Castro-Almonte a native and citizen of the Dominican Republic, entered the United States as a Lawful Permanent Resident on or about May 31, 2014. Dkt. 1, at 6 ¶ 21; Dkt. 5, at 2 ¶ 3; Dkt. 5-1, at 2 ¶ 5.

On September 18, 2018, Castro-Almonte was arrested in New Jersey for conspiracy, aggravated assault, possession of a weapon for unlawful purposes, and unlawful possession of a weapon. Dkt. 5, at 2 ¶ 4; Dkt. 5-3, at 14. According to the Incident Report, Castro-Almonte-after having an argument with the victim- returned to work with two other men and repeatedly punched, kicked, and struck the victim with a 30-inch-long piece of wood. Dkt. 5-3, at 22-25. When questioned by the police, Castro-Almonte admitted to “attacking the victim, striking him once, in the leg, with a length of wood, and twice, in the face/head, with his fist(s).” Id. at 25.

On December 13, 2019, Castro-Almonte pled guilty to one count of 2nd Degree Aggravated Assault in violation of N.J.S.A. 2C:12-1(b)(1) in the Superior Court of New Jersey, Middlesex County. Dkt. 1, at 7 ¶ 22; Dkt. 5, at 2 ¶ 5; Dkt. 1-2, at 16. Castro-Almonte was then sentenced to three years of imprisonment on March 2, 2020. Dkt. 1, at 7 ¶ 22; Dkt. 5, at 2 ¶ 5; Dkt. 1-2, at 16.

On April 23, 2021, Castro-Almonte was placed in immigration removal proceedings via Notice to Appear (“NTA”). Dkt. 1-2, at 3-6. The NTA alleged that Castro-Almonte was a native and citizen of the Dominican Republic, and subject to removal pursuant to Immigration and Nationality Act (“INA”) § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i), as an alien who has been convicted of a crime involving moral turpitude committed within five years after the date of admission, for which a sentence of one year or longer may be imposed. Id. at 3.

Castro-Almonte received his initial master calendar hearing on June 4, 2021, where he admitted through counsel all allegations in the NTA and conceded the charge of removability. Dkt. 1-2, at 66; Dkt. 5, at 3 ¶ 7; Dkt. 5-1, at 3 ¶ 9.

On June 8, 2021, Castro-Almonte filed a petition in the Superior Court of New Jersey for Post-Conviction Release (“PCR petition”), alleging that his conviction resulted from ineffective assistance of counsel. Dkt. 1, at 7 ¶ 24; Dkt. 54, at 3; Dkt. 1-2, at 24. That petition was denied, and Castro-Almonte appealed to the Appellate Division of the New Jersey Superior Court. Dkt. 1, at 9 ¶ 28; Dkt. 54, at 3; Dkt. 1-2, at 26, 37, 41. According to Castro-Almonte, that appeal remains pending. Dkt. 1, at 9 ¶ 28; Dkt. 8-4, at 15.

On August 12, 2021, Castro-Almonte's then-counsel was granted a motion to withdraw, and Castro-Almonte thereafter obtained multiple continuances of the immigration proceedings. Dkt. 5-4, at 3; see Dkt. 8, at 7. On November 4, 2021, Castro-Almonte filed an 1-589 Application for Asylum and Withholding of Removal. Dkt. 1, at 7 ¶ 25; Dkt. 1-2, at 50-62; Dkt. 5, at 3 ¶ 9. After an individual hearing was set for January 2022, Castro-Almonte sought-and the IJ granted-two continuances, and the hearing was rescheduled for March 8, 2022. Dkt. 1-2, at 67; Dkt. 5, at 3 ¶¶ 10,11. The day before that hearing, on March 7, 2022, Castro-Almonte sought an administrative closure of his removal proceedings pending the resolution of his PCR petition. Dkt. 1, at 8 ¶ 26; Dkt. 1-2, at 33-35; Dkt. 5-4, at 3. That motion was granted on March 10, 2022. Dkt 1-2, at 35.

On March 11, 2022, Castro-Almonte was taken into DHS custody following his release from prison in New Jersey, and transferred to Moshannon Valley Processing Center in Philipsburg, Pennsylvania. Dkt. 1, at 8 ¶ 27; Dkt. 5-4, at 3. On April 22, 2022, DHS moved to re-calendar Castro-Almonte's case-and transfer venue to the Cleveland Immigration Court-which was granted on May 3, 2022. Dkt. 1, at 8 ¶ 27; Dkt. 5-4, at 3; Dkt. 1-2, at 67. An individual hearing was scheduled for May 16, 2022, but Castro-Almonte was granted a continuance. Dkt. 1-2, at 67. On May 25, 2022, Castro-Almonte filed his third motion for administrative closure of his case or, in the alternative, a continuance of the removal proceedings. Id.; Dkt 5-4, at 3. Castro-Almonte's motion for administrative closure was denied, but the IJ granted a continuance until after August 1, 2022.

Dkt. 1-2, at 70. A master reset conference was scheduled for August 3, 2022, with a final merits hearing tentatively scheduled for August 26, 2022. Dkt. 1, at 8 ¶ 27; Dkt. 1-2, at 69; Dkt 5-4, at 3. That final hearing was rescheduled for November 10, 2022, and then moved again to November 28, 2022. Dkt. 1, at 9 ¶ 29; Dkt. 1-2, at 72.

On September 13, 2022, Castro-Almonte was transferred to the Buffalo Federal Detention Facility in Batavia, New York. Dkt. 1, at 9 ¶ 29; Dkt. 5-4, at 3. On September 15, 2022, DHS successfully moved to transfer venue to Batavia Immigration Court. Dkt. 1, at 9 ¶ 29. Castro-Almonte sought administrative closure of his case for a fourth time on October 4, 2022-which was again denied. Dkt. 1, at 9 ¶ 29; Dkt. 5-4, at 3. On November 28, 2022, Castro-Almonte received his individual merits hearing to consider his claims to relief from removal. Dkt. 5-1, at 3 ¶ 14; Dkt. 5-4, at 4. That hearing was continued until January 25, 2023, for the parties to present closing arguments and the IJ to render a decision. Dkt. 5-1, at 3 ¶ 14; Dkt. 7, at 2 ¶ 3; Dkt. 7-1, at 2-5. The IJ denied Castro-Almonte's request for relief for removal. Dkt. 7, at 2 ¶ 3; Dkt. 7-1, at 2-5.

DHS has detained Castro-Almonte since March 11, 2022, pending completion of his ongoing removal proceedings. Dkt. 1, at 9 ¶ 30; Dkt. 5, at 3 ¶ 13, 4 ¶ 20.

II. PROCEDURAL HISTORY

Castro-Almonte filed his petition for habeas corpus on November 9, 2022 (Dkt. 1). The Government answered and filed a memorandum and declarations in opposition (Dkts. 5, 5-1, 5-4). Castro-Almonte replied (Dkt. 8).

ANALYSIS^[8]

I. Constitutionality of Section 1226(c)

The Fifth Amendment “protects [aliens like Castro-Almonte] from deprivation of life, liberty, or property without due process of law.” See Mathews v. Diaz, 426 U.S. 67, 77 (1976); see also Reno v. Flores, 507 U.S. 292, 306 (1993) (“It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.”). Equally clear are the “constraints on governmental decisions which deprive individuals of ‘liberty' or ‘property' interests within the meaning of the Due Process Clause of the Fifth ... Amendment.” Mathews v. Eldridge, 424 U.S. 319, 332 (1976).

Castro-Almonte's detention is mandatory under 8 U.S.C. § 1226(c), which provides that the Attorney General “shall take into custody any alien who ... is deportable by reason of having committed” certain criminal offenses-including, as relevant here, a crime of moral turpitude committed within five years of admission into the United States, for which the alien may be sentenced to a term of imprisonment of at least one year. See 8 U.S.C. § 1226(c)(1)(C);^[4] 8 U.S.C. § 1227(a)(2)(A)(i) (“Any alien who ... is convicted of a crime involving moral turpitude committed within five years ... after the date of admission, and... is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.”).

The Supreme Court rejected a constitutional challenge to Section 1226(c) in United States v. Demore, where it held that “Congress, justifiably concerned that deportable criminal aliens who are not detained continue to engage in crime and fail to appear for their removal hearings in large numbers, may require that persons ... be detained for the brief period necessary for their removal proceedings.”...