Koboi v. Lowe

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RICHARD S. KOBOI, Civil No. 3:24-cv-12

Petitioner . (Judge Mariani)

V. : FILED

SCRANTON

WARDEN CRAIG LOWE, JAN 26 2024

Respondent . pen__DJ__

MEMORANDUM

Petitioner Richard Koboi (“Koboi”) is an immigration detainee in the custody of the

United States Department of Homeland Security, Immigration and Customs Enforcement

(“ICE”). He is currently being detained at the Pike County Correctional Facility, in Lords

Valley, Pennsylvania. Koboi commenced this action by filing a petition for a writ of habeas

corpus under 28 U.S.C. § 2241. (Doc. 1). He seeks an individualized bond hearing. (Id.).

For the reasons set forth below, the Court will deny habeas relief.

Factual Background

Kobo is a citizen and native of Liberia. (See Doc. 8-1, p. 4). He was admitted to the

United States on September 18, 1996, as DV3 Diversity Visa Holder through the John F.

Kennedy International Airport, in New York, New York. (/d. at p. 6). On that same date, his

status was changed to a lawful permanent resident of the United States. (/d.).

On July 9, 2018, Koboi entered a plea of nolo contendere in the Providence Superior

Court, Providence, Rhode Island, to felony charges of obtaining property by false pretenses

or personation more than $1,500, and conspiracy. (/d. at p. 7). He was sentenced to five

years’ incarceration with eighteen months to serve, with three years and six months

suspended, and five years’ probation. (/d.).

On April 27, 2022, Koboi pled guilty to conspiracy to commit bank fraud, in violation

of 18 U.S.C. § 1349; bank fraud, in violation of 8 U.S.C. § 1344, in which the loss to the

victim or victims exceeds $10,000; and, being a felon in possession of a firearm, in violation

of 18 U.S.C. § 922(g)(1) and § 924(a)(2), in the United States District Court for the District of

Rhode Island. (/d. at pp. 7-15). On December 8, 2022, Koboi was sentenced to thirty-six

months of imprisonment and three years of supervised release. (/d.).

On March 7, 2023, ICE officers encountered Koboi when he was incarcerated at the

Federal Correctional Institution, Allenwood, Pennsylvania. (/d. at p. 5). The ICE officers

interviewed Koboi and established probable cause, indicating that he is an alien who is

removable from the United States. (/d.). Therefore, the ICE officers issued an immigration

detainer and warrant for Koboi’s arrest. (/d.).

On March 22, 2023, ICE served Koboi with a Notice to Appear. (Doc. 8-2, pp. 2-5).

He was charged as removable under two portions of the Immigration and Nationality Act

(“INA”) Section 237(a)(2)(iii). (Id.). The Notice to Appear alleged that Koboi was removable

because he had been—

“convicted of an aggravated felony as defined in section 101(a)(43)(M) of the

Act, a law relating to an offense that (i) involves fraud or deceit in which the

loss to the victim or victims exceeds $10,000; or (ii) is described in The

,

Internal Revenue Code of 1986, Section 7201 (relating to tax evasion) in

which the revenue loss to the Government exceeds $10,000.”

and,

“convicted of an aggravated felony as defined in section 101(a)(43)(E) of the

Act, a law relating to an offense described in (i) Title 18, United States Code,

Section 842 (h) or (i), or section 844 (d), (e), (f), (g), (h) , or (i) (relating to

explosive materials offenses); (ii) Title 18, United States Code, Section 922

(g) (1), (2), (3), (4), or (5); (i), (NM), (0), (P), or (r) or 924(b) or (h) (relating to

firearms offenses); or (iii) Internal Revenue Code of 1986, Section 5861

(relating to firearms offenses).”

at p. 5).

Koboi challenged his removal, but his claim was denied by an immigration judge on

July 17, 2023, and he was ordered removed to Liberia. (Doc. 8-3). Koboi reserved his right

to appeal. (Id.). Koboi initially filed a motion for enlargement of time to file an appeal;

however, on September 26, 2023, he withdrew his appeal. (Docs. 8-4, 8-5). On November

1, 2023, the Board of Immigration Appeals (“BIA”) deemed Koboi’s appeal withdrawn. (Doc.

8-6). Therefore, Koboi’s order of removal became administratively final on that date. (See

Doc. 8-7, p. 2] 4). Koboi did not file a petition for review with the United States Court of

Appeals for the Third Circuit. (See id.).

Koboi is being detained pursuant to 8 U.S.C. § 1231(a) and has been detained by

ICE for approximately eighty-five days. In the habeas petition, Koboi argues that his

mandatory detention has become unreasonable and thus unconstitutional.

ll. Legal Standard

Under 28 U.S.C. § 2241(c), a prisoner or detainee may receive habeas relief only if

he “is in custody in violation of the Constitution or laws or treaties of the United States.” See

28 U.S.C. § 2241(c)(3); Maleng v. Cook, 490 U.S. 488, 490 (1989). Because Koboi filed the

instant petition while he was detained within the jurisdiction of this Court, is still currently

detained by ICE, and asserts that his continued detention violates his constitutional rights,

this Court has jurisdiction over his Section 2241 petition. See Zadvydas v. Davis, 533 U.S.

678, 699 (2001); Spencer v. Kemna, 523 U.S. 1, 7 (1998).

Ill. Discussion

Koboi contends that his continued immigration detention violates his constitutional

rights. (Doc. 1). The Court must first examine the statutory basis for Koboi's detention.

Once a final order of removal is issued, an alien is subject to mandatory detention under 8

USC. § 1231(a). Under § 1231(a), the Government is required to detain an alien subject to

a final order of removal for ninety days after the issuance of the final removal order. See 8

U.S.C. § 1231(a)(1)(A), (a)(2); see also 8 U.S.C. § 1231(a)(1)(B). Detention during this

ninety-day removal period is mandatory. See Zadvydas, 533 U.S. at 683. Thus, once an

alien is subject to a final order of removal, his detention is governed by § 1231 unless he

seeks review of his removal order by filing a petition for review with the Court of Appeals

and is granted a stay of removal. See 8 U.S.C. § 1231 (a)(1)(B)(ii). Here, Koboi received

an administrative final order of removal on November 1, 2023, when the Board deemed his

appeal withdrawn, and Koboi entered his ninety-day removal period on that date as he has

not filed a petition for review nor sought a stay from the Third Circuit Court of Appeals. See

8 U.S.C. § 1231(a)(1)(A), (B); 8 U.S.C. § 1252(b)(1); 8 C.F.R. § 1241.1(a); 8 C.F.R. §

1241.1(c).

Because Koboi is subject to a final order of removal and has not sought review or a

stay from the Court of Appeals, his detention is controlled by the Supreme Court’s decision

in Zadvydas. The Court in Zadvydas observed that § 1231(a) requires the Government to

detain all aliens subject to administratively final orders of removal during the statutory

ninety-day removal period. Zadvydas, 533 U.S. at 683. Further, the Zadvydas Court held

that the statute permits the Government to detain aliens beyond that ninety-day period if

their detention remains “reasonably necessary” to effectuate their removal. /d. at 689, 699.

The Court therefore held that an alien may be detained under § 1231(a) for a period of up to

six months following his final order of removal during which his continued detention must be

presumed to be reasonable and therefore not violative of due process. /d. at 701. Thus,

where a removable alien has been detained under § 1231 for less than six months following

a final order of removal, his challenge must be denied. Id.

Koboi’s removal period commenced when the BIA deemed his appeal withdrawn on

November 1, 2023, and he entered his ninety-day removal period at that time. Thus far,

Koboi has been detained for eight-five days out of the ninety days in his removal period. As

the ninety-day removal period has not yet expired, Koboi is well within the six-month

presumptively reasonable period established by Zadvydas. As such, this Court is required

to presume that Koboi’s current detention is reasonable, and his habeas petition must be

denied. See Hendricks v. Reno, 221 F. App’x 131 (3d Cir. 2007) (affirming denial of habeas

petition where court found delay from date of administratively final deportation order was

less than ninety days).

IV. Conclusion

The Court will deny Koboi’s petition (Doc. 1) for a writ of habeas corpus pursuant to

28 U.S.C. § 2241 without prejudice to his right to file a new petition in the appropriate court

should his detention become unreasonable.

A separate Order shall issue.

tte ¥ cAnthiga

Robert D. Mariani

United States District Judge

Dated: January LY. 2024