United States District Court, D. Massachusetts
WILLIAM G. YOUNG, DISTRICT JUGDE.
November 11, 2018, Sambu Sisse ("Sisse") filed a
petition for writs of habeas corpus and mandamus. Pet. Writ
Habeas Corpus Pursuant 28 U.S.C. § 2241 & Pet. Writ
Mandamus Pursuant 28 U.S.C. § 1361 ("Pet."),
ECF No. 1. Sisse asked this Court for orders: (1) prohibiting
immigration authorities from removing him from the District
of Massachusetts until the Court has resolved the petition;
(2) releasing him from detention immediately or requiring a
bond hearing; and (3) forbidding immigration authorities from
removing him until he has received review of a motion to
reopen that he filed in the immigration court system and
exhausted his appeals. Id. at 15.
petition named as respondents Kirstjen Nielsen,
then-Secretary of the Department of Homeland Security; Ronald
D. Vitiello, then-Acting Director of Immigration and Customs
Enforcement; Todd Lyons, then-Boston Field Office Director of
Immigration and Customs Enforcement; Antone Moniz
("Moniz"), Superintendent, Plymouth County House of
Corrections; and Joseph D. McDonald, Jr., Sheriff of Plymouth
County. Id. at 1. This Court ordered Moniz served as
the sole respondent and terminated the other parties from the
action on November 14, 2018. Order ¶¶ 1-2, ECF No.
November 28, 2018, Moniz moved to dismiss Sisse's
original petition. Resp't's Mot. Dismiss Pet. Writ
Habeas Corpus, ECF No. 7. On December 3, 2018, Sisse
responded to Moniz's motion with an amended petition.
Emergency First Am. Compl. Inj. & Decl. Relief/Emergency
Mot. Amend Habeas Pet. Include Counts Inj./Decl. Relief
("Am. Pet."), ECF No. 10. That same day, Sisse moved
for a temporary restraining order and preliminary injunction
to prevent his removal until the immigration courts have
adjudicated his immigration case and to release him from
detention in the meantime. Mot. TRO 2, ECF No. 11; Mot.
Prelim. Inj. 2-3, ECF No. 12.
December 4, 2018, this Court transferred Sisse's case to
the First Circuit because it determined that subject matter
jurisdiction existed only in that court, ECF Nos. 13, 14. On
January 10, 2019, the Board of Immigration Appeals declined
to reopen Sisse's removal proceedings. Resp't's
Opp'n Pet'r's Mots. Inj. & Emergency Relief
“Opp'n"), Ex. 1, In re Sambu Sisse 4,
ECF No. 26-1. The First Circuit ruled on April 29, 2019 that
it lacked jurisdiction over Sisse's case and remanded it
back to this Court to analyze its own jurisdiction and
resolve the case. Judgment 1, ECF No. 16.
11, 2019, Moniz opposed Sisse's motions for injunctive
relief. Opp'n, ECF No. 26. Sisse replied on June 12 and
raised, for the first time, the possibility that he might
fall into a class certified in another session of this Court
and requested a stay of removal pending an 1-485 application.
See Pet'r's Resp. Gov't's Opp'n
1, 5, ECF No. 27. The Court heard argument on the pending
motions on June 13, 2019 and took them under advisement.
Electronic Clerk's Notes, ECF No. 28. At the hearing, the
Court orally granted Sisse's motion to amend his
careful consideration, the Court concludes that the claims
that Sisse presents in his amended petition are moot. See
Cruz v. Farquharson, 252 F.3d 530, 533 (1st Cir. 2001) P
[A] case is moot when the issues presented are no longer live
or when the parties lack a legally cognizable interest in the
outcome - a case or controversy ceases to exist, and
dismissal of the action is compulsory."); see also
Manguriu v. Lynch, 794 F.3d 119, 121 (1st Cir. 2015)
(ruling that a court may take notice of agency decisions to
filed his habeas corpus petition in order to facilitate the
Board of Immigration Appeals' review of his motion to
reopen his removal order. Am. Pet. 13. According to Sisse, if
the Board of Immigration Appeals agreed to reopen his case,
he would become eligible for adjustment of status.
Id. at 13-14. Yet the Board of Immigration Appeals
has already considered Sisse's motion to reopen and
rejected it. Opp'n, Ex. 1, In re Sambu Sisse 4.
As a result, Sisse can no longer seek an adjustment of
status. Cf. Am. Pet. 3 (citing 8 U.S.C. § 1255(a)
(requiring admissibility to adjust immigration status));
see also 8 U.S.C. § 1182(a)(9)(B)(ii)(I)
(rendering inadmissible immigrants, such as Sisse, who have
"been unlawfully present in the United States for one
year or more, and who again seek admission within 10 years
of the date of such alien's departure or removal from the
has now received exactly what his amended petition requested:
the complete adjudication of his immigration claims in the
immigration system. The Court can do no more with the claims
in his amended petition.
the Court DENIES Sisse's motions for injunctive relief,
ECF Nos. 11, 12, and GRANTS Moniz's motion to dismiss his
petition, ECF No. 7. Further, the Court denies Sisse's
requests for release now that his removal is "reasonably
foreseeable." See Santos v. Cissna, Civ. A. No.
18-12232-WGY, 2019 WL 1745187, at *2 (D. Mass. Apr. 18, 2019)
(quoting Zadvydas v. Davis, 533 U.S. 678, 688, 701
the Court stays entry of judgment in this case and orders
that Sisse not be removed for thirty days so that he may seek
inclusion in a class certified per Order ¶ 2,
Calderon Jimenez v. McAleenan, Civ. A. No. 18-10225
(May 17, 2019) (Wolf, J.), ECF No. 253.