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Charran v. Phillips

United States District Court, Second Circuit

January 22, 2014

SARAGPAUL CHARRAN, A88-443-802, Petitioner,
v.
MICHAEL T. PHILLIPS, Field Office Director, Buffalo, NY Field Office of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operation; TODD TRYON, Assistant Field Office Director, Buffalo, NY Field Office of U.S. Immigration and Customs Enforcement, Enforcement and Removal Operation; JOHN T. MORTON, Secretary of U.S. Immigration and Customs Enforcement; JANET NAPOLITANO, Secretary of Homeland Security; ERIC H. HOLDER, Jr., Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents.

INTRODUCTION

JOHN T. CURTIN, District Judge.

Petitioner Saragpaul Charran, A88-443-802, an alien in the custody of the United States Department of Homeland Security, Immigration and Customs Enforcement (collectively, "DHS"), has filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2241 seeking release from detention at the Buffalo Federal Detention Facility in Batavia, New York, pending the execution of a final immigration order of removal issued against him. Item 1. As directed by this court's order entered October 15, 2013 (Item 2), respondent[1] has submitted an answer and return (Item 5), along with an accompanying memorandum of law (Item 4), in opposition to the petition, and petitioner has submitted a reply (Item 6). For the reasons that follow, the petition is denied.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Petitioner, a native and citizen of Guyana, entered the United States at an unknown place and on an unknown date, without being admitted or paroled after inspection by an Immigration officer. See Item 5-2 (Exh. A attached to Declaration of DHS Deportation Officer Juanita Payan (Item 5-1)), p. 2. DHS records reflect that, while present in the United States, petitioner has been arrested several times and convicted of several criminal offenses, including the following:

a. On or about June 15, 1999, petitioner was convicted of Attempted Criminal Mischief in the 4th Degree.
b. On or about July 2, 1999, petitioner was convicted of Assault in the 3rd Degree: With Intent to Cause Physical Injury and Criminal Contempt in the 2nd Degree (2 counts).
c. On or about November 1, 1999, petitioner was convicted of Criminal Trespass in the 2nd Degree.
d. On or about December 17, 1999, petitioner was convicted of Criminal Contempt in the 2nd Degree and Disorderly Behavior.
e. On or about October 30, 2000, petitioner was convicted of Criminal Contempt in the 2nd Degree and Disobeying Court (2 counts).
f. On or about February 16, 2001, petitioner was convicted in the Criminal Court of the City of New York City, County of Kings, of Assault in the 3rd Degree: With Intent to Cause Physical Injury.
g. On or about October 5, 2001, petitioner was convicted of Criminal Contempt in the 1st Degree: Prior conviction within preceding 5 years.
h. On or about April 6, 2002, petitioner was convicted of Criminal Trespass in the 2nd Degree.
I. On or about April 16, 2004, petitioner was convicted of Driving While Intoxicated - 1st Offense. He was granted a conditional discharge.
j. On or about October 3, 2005, petitioner was convicted of Disorderly Conduct.
k. On or about April 6, 2009, petitioner was convicted in the Criminal Court of the City of New York, County of Queens, of Petit Larceny.
l. On or about April 8, 2009, petitioner was convicted in the Criminal Court of the City of New York, County of Kings, ...

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