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Kamara v. Garland

Hearing on Continued Detention Needed Or Immigration Detainee Gets Released

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DECISION & ORDER Mohamed Daramy Kamara has been detained in the custody of the United States Department of Homeland Security (“DHS”) for more than ten months. Docket Item 1 at 3, 6.1 On August 8, 2024, Kamara filed a pro se petition for a writ of habeas corpus under 28 U.S.C. §2241, challenging the validity of his detention at the Buffalo Federal Detention Facility (“BFDF”) in Batavia, New York. Docket Item 1. On September 30, 2024, the government filed a letter in response to the petition. Docket Item 4. For the reasons that follow, this Court grants Kamara’s petition in part. FACTUAL AND PROCEDURAL BACKGROUND2 Kamara is a native and citizen of Sierra Leone. See Docket Item 1 at 2, 2; 3, 6. He entered the United States on December 13, 2002. Id. at 2, 2; 10, 31. On May 19, 2022, Kamara “was convicted of [a]ssault in the [s]econd [d]egree” under N.Y. Penal Law §120.05 and “sentenced to two years['] imprisonment.” Docket Item 1 at 10, 32. About a year later, on April 18, 2023 — while Kamara was serving his state sentence — DHS issued a “Notice to Appear,” charging that Kamara was subject to removal from the United States under the Immigration and Nationality Act (“INA”), 8 U.S.C. §§1101-1537. See id. at 10, 33. More specifically, DHS charged that Kamara was subject to removal under section 1227(a)(2)(A)(iii) of the INA for having been convicted of an aggravated felony. Docket Item 1 at 10,

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