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Haley v. Holder

United States District Court, Second Circuit

May 9, 2013

COLIN J. HALEY, A37-139-710, Petitioner,
v.
ERIC H. HOLDER, Attorney General of the United States; MICHAEL PHILIPS, Field Office Director for Detention and Removal, Buffalo Field Office, Bureau of Immigration and Customs Enforcement; Department of Homeland Security; and TODD TRYON, Facility Director, Buffalo Federal Detention Facility, Respondents.

INTRODUCTION

JOHN T. CURTIN, District Judge.

Petitioner Colin J. Haley, an alien under a final order of removal from the United States, has filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking release from detention in the custody of the United States Department of Homeland Security ("DHS"), Immigration and Customs Enforcement ("ICE"), pending the execution of a final immigration order of removal issued against him. Item 1. As directed by this court's order entered December 4, 2012 (Item 2), respondent[1] has submitted an answer and return (Item 6), along with an accompanying memorandum of law (Item 7), in opposition to the petition.

For the reasons that follow, the petition is denied.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Petitioner, a native and citizen of Guyana, was admitted to the United States at New York City on or about June 22, 1983, as a "P-22" immigrant (unmarried son of a lawful permanent resident). See Item 6-1 (Declaration of DHS Deportation Officer Juanita Payan), § 5; Item 6-2 (Exh. A attached to Payan Decl.), pp. 8, 17.

DHS records reflect that petitioner was convicted of the following criminal offenses while present in the United States:

a. On or about August 26, 1987, petitioner was convicted in New York State Supreme Court, New York County, of Attempted Burglary in the 2nd Degree: Illegal Entry with Criminal Intent. He was sentenced to 5 years probation.
b. On or about September 29, 1988, petitioner was convicted in Albany, New York, City Court of Assault in the 3rd Degree. He was sentenced to a term of incarceration of 1 year.
c. On or about September 11, 1990, petitioner was convicted in Albany City Court of Menacing. He was sentenced to time served.
d. On or about June 8, 1992, petitioner was convicted in Albany City Court of Driving While Intoxicated/Impaired by the Consumption of Alcohol. He was sentenced to 90 days incarceration.
e. On or about March 29, 1993, petitioner was convicted in Town Court in Colonie, New York, of Petit Larceny. He was sentenced to 90 days incarceration.
f. On or about June 23, 1993, petitioner was convicted in Village Court, Menands, New York, of Petit Larceny. He was sentenced to 15 days incarceration.
g. On or about September 16, 1993, petitioner was convicted in Albany Town Court of Petit Larceny. He was sentenced to 226 days incarceration.
h. On or about October 26, 1995, petitioner was convicted in Troy, New York, City Court of Assault in the 3rd Degree: With Intent to Cause Physical Injury. He was sentenced to time served and granted a conditional discharge.
i. On or about October 29, 1997, petitioner was convicted in Troy City Court of Petit Larceny. He was sentenced to 6 months incarceration.
j. On or about November 13, 1998, petitioner was convicted in Albany County Court of Driving While Intoxicated and Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree. He was sentenced to 1 year incarceration.
k. On or about January 11, 1999, petitioner was convicted in Troy City Court of Assault in the 3rd Degree: With Intent to Cause Physical Injury. He was sentenced to 6 months incarceration.
l. On or about February 7, 2000, petitioner was convicted in Albany County Court of Driving While Intoxicated: Previous Conviction Designated Offense Within 10 Years and Aggravated Unlicensed Operation of a Motor Vehicle in the 1st Degree. ...

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