United States District Court, D. Nebraska
P. Kelly United States Attorney District of Nebraska.
Klein Hall County Attorney.
MEMORANDUM AND ORDER
RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE
unusual matter is before the court on preliminary review of
Petitioner Mawea Koat's Petition for Writ of Habeas
Corpus (Filing No. 1) brought pursuant to 28 U.S.C. §
2241. The purpose of this review is to determine
whether Petitioner's claims, when liberally construed,
are potentially cognizable in federal court. Condensed and
summarized for clarity, Petitioner's claims are:
B>Claim One: The Petitioner has been and is being
indefinitely confined in violation of the laws of the United
States, particularly the Immigration and Nationality Act, and
the Fourth Amendment and the Due Process Clause of the Fifth
Amendment to the Constitution of the United States.
B>Claim Two: The Petitioner has been deprived of Due
Process of law regarding the issuance of the Notice of
Failure to Comply Pursuant to 8 CFR 241.4(g) dated October 1,
2019 (attached to the petition) in part because Petitioner is
a citizen of Ethiopia and not South Sudan as erroneously
determined by the Deputy Field Office Director.
B>Claim Three: Since there is no possibility that
Petitioner will be received in his country of origin or any
other foreign country in the foreseeable future, Petitioner
is being denied Due Process of law by the failure to parole
him under supervision.
court determines that these claims, when liberally construed,
are potentially cognizable in federal court. However, the
court cautions Petitioner that no determination has been made
regarding the merits of these claims or any defenses to them
or whether there are procedural bars that will prevent
Petitioner from obtaining the relief sought.
THEREFORE ORDERED that:
initial review of the habeas corpus petition (Filing No. 1),
the court preliminarily determines that Petitioner's
claims, as they are set forth in this Memorandum and Order,
are potentially cognizable in federal court.
Clerk shall modify the docket sheet and show the above named
Respondents as the only Respondents. The Clerk shall
telephone the offices of the following attorneys and advise
them of the filing of this case and the issuance of this
Memorandum and Order. After that, the Clerk shall serve the
petition (filing no. 1) and this document on the following
lawyers by United States Mail:
December 7, 2019, Respondents must file motions for summary
judgment or records in support of their answers. The clerk of
the court is directed to set a pro se case management
deadline in this case using the following text: December 7,
2019: deadline for Respondents to file records in support of
answers or motions for summary judgment.
Respondents elect to file motions for summary judgment, the
following procedures must be followed by Respondents and
motions for summary judgment must be accompanied by separate
briefs, submitted ...