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Kuforiji v. Tryon

United States District Court, Second Circuit

May 15, 2013

OLUSEYI A. KUFORIJI, A79-120-796, Petitioner,
v.
TODD TRYON, Assistant Field Office Director, Respondents.

INTRODUCTION

JOHN T. CURTIN, District Judge.

Petitioner Oluseyi A. Kuforiji, an alien currently detained in the custody of the United States Department of Homeland Security, Immigration and Customs Enforcement (collectively, "DHS"), at the Buffalo Federal Detention Facility in Batavia, New York, pending the execution of a final immigration order of removal issued against him, has filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 seeking release from detention. Item 1. As directed by this court's order entered January 18, 2013 (Item 6), respondent has submitted an answer and return (Item 10), along with an accompanying memorandum of law (Item 11), in opposition to the petition, and petitioner has submitted a response (Item 16).

For the reasons that follow, the petition is denied.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Petitioner, a native and citizen of Nigeria, was 15 years old when he entered the United States at JFK Airport in New York City on or about December 1, 2001. See Item 10-2 (Exh. A, attached to Declaration of DHS Deportation Officer Juanita Payan, Item 10-1), pp. 1, 15, 19. He was arrested upon entry on charges of smuggling drugs, and was placed in the custody of New York City Child Services at a juvenile group home in Canaan, New York. Id. at 26.

According to DHS records, petitioner has been convicted of several criminal offenses during his time in the United States, including the following:

a. On or about April 14, 2005, petitioner was convicted in Canaan Town Court of Assault in the 3rd Degree.
b. On or about August 28, 2006, petitioner was convicted in Colonie New York, Town Court of Driving While Ability Impaired by the Consumption of Alcohol.
c. On or about February 22, 2008, petitioner was convicted in Albany, New York, County Court of Attempted Unlawful Imprisonment in the 2nd Degree. He was sentenced to 60 days imprisonment.
d. On or about September 18, 2008, petitioner was convicted in Albany, New York, City Court of Criminal Possession of a Forged Instrument in the 1st Degree. He was sentenced to a term of imprisonment of 3 to 9 years.
e. On or about December 6, 2010, petitioner was convicted in Albany City Court of Driving While Intoxicated.

Item 10-1, § 6.

Removal proceedings against petitioner commenced in November 2004, following his arrest on an assault charge, by service of a DHS Form I-862 Notice to Appear ("NTA") for a hearing before an immigration judge. Item 10-2, pp. 31-33. The NTA charged petitioner with being subject to removal from the United States pursuant to Immigration and Nationality Act ("INA") § 212(a)(7)(A)(i)(I) (8 U.S.C. § 1182(a)(7)(A)(i)(I)) as an immigrant who, at the time of application for admission, was not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document. Id. at 33. Proceedings on the charge in this NTA were terminated by order of Immigration Judge ("IJ") John B. Reid, dated January 29, 2007. Id. at 29.

According to the records of the New York State Department of Corrections and Community Services ("DOCCS"), petitioner was released on parole from DOCCS' custody in December 2010 following service of his term of imprisonment on the September 2008 conviction for possession of a forged instrument, and he regularly reported to a New ...


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