United States District Court, D. Massachusetts
B. Saris Chief United States District Judge
October 30, 2017, Petitioner Terry Rombot, an Indonesian
citizen who has lived in the United States for approximately
sixteen years, moved to be released from Immigration and
Customs Enforcement (“ICE”) detention.
See Docket No. 42. Rombot was in custody at the
Bristol County House of Corrections. He based his challenge
on violations of the Due Process Clause of the Fifth
Amendment and ICE's promises, policies, and
an evidentiary hearing on October 20, 2017, and a hearing on
November 1, 2017, the Court allowed Rombot's Motion for
Release and/or Bond Determination (Docket No.
See Docket No. 49. During the November 1, 2017
hearing, the Court stated its reasons for release and added
that a memorandum with further discussion of its reasons
would be issued.
factual background is taken from the allegations in
Rombot's petition, documents he allegedly received from
ICE, and the testimony of Supervisory Detention and
Deportation Officer Timothy Stevens at the evidentiary
received his final order of removal in 2008. Then, in 2010,
as part of “Operation Indonesian Surrender, ”
Rombot voluntarily surrendered to ICE officials and was given
an Order of Supervision.
Indonesian Surrender was an ICE program involving a
population of Indonesian Christians who say they feared
religious persecution in Indonesia. The program grew out of
cooperation between ICE and New Hampshire churches serving
Indonesian Christians. It was branded by ICE as “a
humanitarian effort” with a purpose of “bringing
folks out of the shadows.” Docket No. 1-2 at 1. For a
few weeks in 2010, ICE set up a mobile command center in the
parking lot of the Strafford County district courthouse in
Dover, New Hampshire. Indonesian nationals living in New
Hampshire under final orders of removal were invited to
report to ICE during or soon after the mobile command center
initiative. In exchange for their voluntary surrender, they
would receive Orders of Supervision if they did not have a
criminal history. Rombot's Order of Supervision required
him to check in periodically with ICE and stated that his
“failure to comply with the terms of [the] order may
subject [him] to a fine, detention, or prosecution.”
Docket No. 1-6 at 1.
years later, the United States Attorney for New Hampshire
prosecuted Rombot for failure to depart the United States, a
violation of 8 U.S.C. § 1253(a)(1). Rombot spent
approximately two months in jail, and on May 21, 2015, was
sentenced to time served by Judge Paul J. Barbadoro, based on
the Government's recommendation. See Docket No.
1-3 at 2:25-3:13, 8:5-14. That same month, Rombot was put on
an airplane in New York City to leave the United States.
Rombot was removed from the airplane, however, when ICE
officials in Washington, D.C. overruled the local office and
decided that Rombot should be allowed to stay in the United
28, 2015, Rombot was released from custody and received a
“Release Notification” from ICE. The Release
Notification stated that “[a] violation of one of [sic]
more of [the supervision] conditions, or of any local, state
or federal law may result in [Rombot] being taken back into
custody and any bond that [he] may have posted being
forfeited.” Docket No. 1-5 at 1. Importantly, the
Release Notification also said that Rombot would “be
given an opportunity to prepare for an orderly
departure” when he had to leave the United States.
Id. Rombot alleges that he at all times has complied
with the requirements of his Release Notification and Order
of Supervision. At the evidentiary hearing, Officer Stevens
confirmed Rombot's full compliance.
reported to the Manchester, New Hampshire ICE office, as
required by his Order of Supervision, on August 1, 2017.
Without advance notice, he was detained, placed in shackles,
and later given a “Notice of Revocation of
Release.” Field Office Director Christopher Cronen
wrote that Rombot was being revoked because “ICE ha[d]
determined that there [was] a significant likelihood of
removal in the foreseeable future in [his] case.”
Docket No. 1-9 at 1. According to the Notice of Revocation of
Release, dated August 1, 2017, Rombot was detained
“pursuant to 8 CFR 241.13 [sic]” and would
“promptly be afforded an informal interview at which
[he would] be given the opportunity respond [sic] to the
reasons for the revocation.” Id. Rombot
remained in ICE custody from August 1, 2017 to November 1,
2017. There is no evidence in the record that he was given an
he was in custody, Rombot also received a “Notice to
Alien of File Custody Review” dated October 13, 2017.
The notice read: “If ICE has not removed you from the
United States within the removal period . . . the ICE
Deciding Official will review your case for consideration of
release on an Order of Supervision.” Docket No. 43-1 at
1. According to the notice, Rombot's custody status would
be reviewed on or about October 30, 2017. See id.
The notice further stated that Rombot could “submit any
documentation [he] wish[ed] to be reviewed in support of
[his] release, prior to” October 30, 2017. Id.
on October 24, 2017, Field Office Director Cronen issued a
“Decision to Continue Detention.” In the decision,
ICE claimed that it was “based on a review of
[Rombot's] file and/or [his] personal interview and
consideration of any information [he] submitted to ICE
reviewing officials.” Docket No. 50 at 1. Field Office
Director Cronen further wrote that after reviewing the facts
in Rombot's case, “including [his] criminal arrests
for obstructing a court order and failure to appear, ”
Field Office Director Cronen decided that Rombot “would
pose a safety risk to the community” if released from
custody. Id. Nothing in the record ...