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Ricketts v. Heron

May 5, 2010

JUNIOR M. RICKETTS, A#027-024-434 PETITIONER,
v.
MARTIN HERON, FACILITIES DIRECTOR, ET AL., RESPONDENTS.



The opinion of the court was delivered by: H. Kenneth Schroeder, Jr. United States Magistrate Judge

DECISION AND ORDER

This matter was referred to the undersigned by the Hon. Richard J. Arcara, in accordance with 28 U.S.C. § 636(b), for all pretrial matters and to hear and report upon dispositive motions. Dkt. #28.

Plaintiff commenced this action pro se, pursuant to 28 U.S.C. § 2241, challenging his detention by the Department of Homeland Security, Bureau of Immigration and Custom Enforcement ("ICE"), since September 5, 2006. Dkt. #1.

Currently before the Court is petitioner's motion to expedite the Court's determination of his petition for writ of habeas corpus (Dkt. #14); motion to compel discovery (Dkt. #26); and motion for an extension of time to reply to respondents' supplemental opposition to his petition for writ of heabeas corpus until the motion to compel has been resolved. Dkt. #27. For the following reasons, the motion to expedite is denied; the motion to compel is denied; and the motion for an extension of time is granted.

BACKGROUND

By Decision and Order entered January 13, 2009, the Court determined that petitioner's continued detention was permissible because petitioner had obstructed efforts to effect his removal to Jamaica. 07-CV-138 at Dkt. #23. Specifically, the Court determined that petitioner has obstructed Respondent's attempts to effectuate his removal by directing the Consulate General of Jamaica not to issue travel documents to him and advising the Consulate General of Jamaica that he is not a citizen of Jamaica, causing Jamaica to investigate petitioner's nationality before deciding whether to issue travel documents for petitioner. Petitioner has repeatedly failed to cooperate with Respondent's requests to assist in obtaining travel documents and continues to reference fraudulent documents in support of his claim to United States citizenship, prompting Jamaica to advise Respondent that Jamaica will not issue a travel document until petitioner's identity is confirmed.

Dkt. #23, pp.11-12 (internal citations omitted). The Court of Appeals for the Second Circuit denied petitioner's motions for a certificate of appealability and in forma pauperis status and dismissed petitioner's appeal by Order entered April 13, 2009.

By letter dated December 21, 2009, the Deputy Consul General of Jamaica advised that

The Jamaican immigration authorities have now confirmed that a verification exercise has been completed in your case and that you have been confirmed as an American. They advise that you should remain in the United States of America and your relatives contacted to authenticate your claim to United States citizenship. Note was taken of the fact that the US Embassy in Jamaica "also investigated and found that the subject was indeed an American citizen, born Paul Milton Miles but changed his name because of his religion."

It was observed that you were repatriated to the United States in February 2003 after you were provided with a United States passport by the US Embassy.

Dkt. #15, p.13 (emphasis in original).

Respondent argues that this decision is based upon petitioner's provision of false information to the Jamaican Consulate. Dkt. #18, ¶ 38. Specifically, Respondent argues that petitioner fraudulently assumed the identity of United States citizen Paul Milton Miles, who was born on August 31, 1964, in Brooklyn, New York following his admission into the United States as a nonimmigrant in 1982. Dkt. #18, ¶ 40. Subsequently, petitioner applied for and was issued a United States passport under the identity of Paul Milton Miles. Dkt. #18, ¶¶ 41-42. Thereafter, petitioner legally changed Paul Milton Miles' name to Junior Mohammed Ricketts. Dkt. #18, ¶ 43. The United States Department of State amended the passport to reflect the name change on August 23, 1984. Dkt. #18, ¶ 44.

In November of 1990, petitioner began employment as an eligibility specialist with the New York City Human Resources Administration. Dkt. #18, ¶ 45. An Office of Inspector General investigation conducted by the New York City Human Resources Administration discovered that petitioner had changed post office box addresses assigned to homeless clients in the W elfare Management System database to his own address so that he received the checks issued to clients, and that petitioner had also deposited checks intended for AIDS patients into his own bank account. Dkt. #18, ¶ 46. The investigation determined that petitioner had embezzed $111,052.38 between December 1990 and June 1992. Dkt. #18, ¶ 47.

On October 16, 1992, the Office of Inspector General executed a federal search warrant at petitioner's residence and discovered Jamaican passport number 565227 issued June 24, 1983 by the Jamaican Consulate in New York in the name of Junior Nathaniel Ricketts, bearing petitioner's photo, and noting that Junior Nathaniel Ricketts previously traveled on a Jamaican Passport No. 114877. Dkt. #18, ΒΆ 49. Jamaican Passport No. ...


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