United States District Court, D. Massachusetts
MEMORANDUM AND ORDER
B. Saris, Chief United States District Judge.
Terry Rombot, an Indonesian citizen who has lived in the
United States for approximately 16 years, filed a petition
for habeas corpus under 28 U.S.C. § 2241, seeking
release from detention. Rombot challenges the legality of his
detention, arguing that Immigration and Customs Enforcement
(“ICE”) violated its own policies and procedures
when it denied his application for stay and took him into
custody, despite his compliance with all conditions of his
Release Notification and Order of Supervision. Respondent
Antone Moniz, Superintendent of the Plymouth County
Correctional Facility, moved to dismiss the petition under
Fed.R.Civ.P. 12(b)(1) (Docket No. 11).
in the related case, Devitri et al. v. Cronen et
al., 1:17-cv-11842-PBS, including Rombot, request a
temporary stay of their removal from the United States.
Rombot also raises a due process challenge to his detention
in that related case.
an evidentiary hearing, the Court
DENIES the Government's motion
to dismiss (Docket No. 11).
factual background is taken from the allegations in
Rombot's habeas petition. The allegations are assumed to
be true for purposes of the motion to dismiss.
is an Indonesian citizen who first came to the United States
on a visa 16 years ago. Rombot was a member of the Christian
minority in Indonesia, the largest Muslim-majority country in
the world. He overstayed his visa in the United States and
applied for asylum. His application was denied, and in 2008,
Rombot was ordered removed from the United States.
August 2010, ICE initiated “Operation Indonesian
Surrender” in New Hampshire. As part of that program,
Rombot voluntarily surrendered to ICE officials and was put
on an Order of Supervision. The Order of Supervision required
him to check in periodically with ICE and stated that
Rombot's “failure to comply with the terms of [the]
order may subject [him] to a fine, detention, or
prosecution.” Docket No. 1-6. Rombot filed a Form I-246
application for stay of removal in November 2010, and ICE
denied the application more than one year later on December
did not leave the United States after his stay application
was denied. The United States Attorney for New Hampshire
brought charges against him for failure to depart the United
States. At his sentencing in front of Judge Barbadoro,
Rombot's significant health problems, including a heart
attack, were discussed. In his judgment, Judge Barbadoro
included a message regarding Rombot's immigration status,
which read: “Court recommends deportation stay be
granted based on medical history.” Docket No. 1-4.
2015, Rombot was put on an airplane in New York City to leave
the United States. Rombot was taken off that plane, however,
when ICE officials in Washington, D.C. overruled the local
office and decided that Rombot should be allowed to stay in
the United States.
28, 2015, Rombot received a “Release
Notification” from ICE. The Release Notification
stipulated that “[a] violation of one of [sic] more of
[its] conditions, or of any local, state or federal law may
result in [Rombot's] being taken back into custody and
any bond that [he] may have posted being forfeited.”
Docket No. 1-5. Rombot at all times has complied with the
requirements of his Release Notification and Order of
Supervision. Significantly, the Release Notification also
said that Rombot would “be given an opportunity to
prepare for an orderly departure” when he had to
depart the United States. Id. (emphasis added).
has filed applications for stays of removal since May 2015,
and those applications were approved by ICE up until August
1, 2017. On that date at approximately 10:30 a.m.,
Rombot's counsel filed a new application for stay of
removal at ICE's Burlington, Massachusetts headquarters
office. In the application, Rombot noted that he had had a
heart attack and had an upcoming doctor's appointment. On
August 2, 2017, Rombot's counsel received a notice from
the Manchester, New Hampshire ICE office that was dated
August 1, 2017 and denied the application for stay. No reason
was stated. Rombot claims that the same-day decision on his
August 1, 2017 application for stay shows that “ICE has
violated its policies and procedures for considering and
deciding on stay applications.” Docket No. 1 ¶ 21.
August 1, 2017, Rombot reported to the Manchester ICE office
pursuant to the Order of Supervision and was detained, placed
in shackles, and later given a “Notice of Revocation of
Release.” He is now detained at the Bristol County
House of Corrections' ICE detention center. See