Habeas (Zadvydas) Victory in Massachusetts - Kenneh v. Tompkins

Habeas (Zadvydas) Victory in Massachusetts - Kenneh v. Tompkins

Kenneh v. Tompkins, Aug. 9, 2017 - "Petitioner, having been in ICE custody for three months before his removal order became final, has now been held an additional thirteen months after his removal order became final. ... Having been led astray by Deportation Officer Scarberry’s assurances of prompt removal once the travel document was received, the court cannot credit the latest representations — that Petitioner will be placed on a flight to Liberia on August 29, 2017. See Fifth Scarberry Decl. ¶ 8 [#31]. On this record, the court is unable to find that the government has met its burden of showing “a significant likelihood that the Petitioner will be removed in the reasonably foreseeable future.” Zadvydas, 533 U.S. at 701. Accordingly, Petitioner “is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). III. Conclusion For the foregoing reasons, Petitioner’s Amended Petition for Writ of Habeas Corpus and Motion to Expedite Adjudication of Petition [#28] is GRANTED. Petitioner shall be RELEASED from ICE custody upon conditions to be set by the court at a hearing which shall be held on August 30, 2017, at 11:00 A.M."

[Hats off to Lori H. Levinson!]