Mahmood v. Nielsen

Removal Not Stayed Pending Challenge to Waiver's Denial, But Release From Custody Ordered

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OPINION AND ORDER The sum and substance of this Opinion & Order was delivered orally from the bench on April 11, 2018. Plaintiff, Tariq Mahmood, brings this action alleging, inter alia, that Defendants’ denial of his applications for a waiver of inadmissibility under §212(h) of the Immigration and Nationality Act (“INA”) violates the INA and its implementing regulations, and that his continued detention at the Hudson County Correctional Facility violates his constitutional rights under Zadvydas v. Davis, 533 U.S. 678 (2001). Am. Compl.

77-81, 97-102, ECF No. 25.Plaintiff moves, by order to show cause, for a temporary restraining order and preliminary injunction (1) staying his removal during the pendency of his INA claim, and (2) releasing him from custody pursuant to his Zadvydas claim. For the reasons stated on the record at the show cause hearing and those stated below, the motion for a stay of removal is DENIED and the motion for immediate release from custody is GRANTED.¹BACKGROUNDPlaintiff came to the United States in November 1992 using a Pakistani passport with a false identity. Based on his use of the fake passport, he was charged with being inadmissible for fraud and placed in exclusion proceedings. He did not appear for the exclusion hearings. In March 1993, he was ordered excluded in absentia. Am. Compl.44.In May 1995, Plaintiff pleaded guilty to unlawful possession of marijuana under New York Penal Law §221.05, a noncriminal violation for possession of up to 25 grams of marijuana. Between 1993 and 2002, he had a number of other arrests and convictions for other violations and misdemeanors. Id.46. Plaintiff has not been arrested or convicted of any crimes since 2002.In October 1997, Plaintiff married Milagros Mahmood, a U.S. citizen. She filed an application for an immigrant visa on his behalf, and in May 2004, the application was granted. Plaintiff and his wife have two children who are now 19 and 11 years old, respectively. Id.

Mahmood v. Nielsen

Removal Not Stayed Pending Challenge to Waiver's Denial, But Release From Custody Ordered

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