PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-2633 ___________ ANGEL ARGUETA ANARIBA, Appellant v. DIRECTOR HUDSON COUNTY CORRECTIONAL CENTER _________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2-19-cv-09135) District Judge: Honorable John M. Vazquez _________________________________ Argued April 21, 2021 Before: AMBRO, RESTREPO, Circuit Judges, and NOREIKA*, District Judge. (Opinion Filed: November 3, 2021) * The Honorable Maryellen Noreika, United States District Judge for the District of Delaware, sitting by designation. Elyssa N. Williams [ARGUED] The Bronx Defenders 360 E. 161st Street Bronx, NY 10451 Counsel for Appellant Victor M. Mercado-Santana [ARGUED] United States Department of Justice Office of Immigration Litigation P.O. Box 878, Ben Franklin Station Washington, DC 20044 Counsel for Appellee ___________ OPINION OF THE COURT ___________ RESTREPO, Circuit Judge. Angel Argueta Anariba, a native and citizen of Honduras, has been detained in the custody of Immigration and Customs Enforcement (“ICE”) since December 2014. Over the course of his now approximately 82-month ICE detention, Argueta has been transferred at least 15 times to 6 different facilities in 4 different states. In March 2019, Argueta filed the underlying petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the United States District Court for the District of New Jersey seeking relief from continued detention. At the time of his 2 filing, Argueta was detained at the Hudson County Correctional Facility in Kearny, New Jersey. The District Court denied Argueta’s petition without prejudice, reasoning that the statutory scheme under which Argueta was detained subjected him to a mandatory detention period and thus rendered him ineligible for the immediate release requested. Over six months later, in April 2020, Argueta – who in the interim had been transferred to a detention facility outside of New Jersey – filed a motion in the District Court to reopen his § 2241 petition. The District Court denied Argueta’s motion in July 2020. Finding that Argueta’s motion raised new claims, the District Court construed his filing as a new habeas petition over which it lacked jurisdiction to consider for reasons stemming from ICE’s transfer of Argueta to a detention facility outside of its territorial jurisdiction. Argueta appeals. For the reasons set forth below, we will reverse the District Court’s order and remand for further proceedings. I. A. Argueta entered the United States in 1998, at the age of 20. Settling in Washington, D.C., Argueta became involved in his community, started a family, and was employed in construction and carpentry. In 2007, Argueta got into an altercation with a former employer over the late payment of wages. He was subsequently convicted of aggravated assault under D.C. Code § 22-404.01 and sentenced to 96 months’ imprisonment. In December 2014, Argueta was released early 3 for good behavior, having served all but approximately two years of his sentence. He was transferred directly into ICE custody. The Department of Homeland Security (“DHS”) immediately thereafter initiated removal proceedings under 8 U.S.C. § 1182(a)(6)(A)(i) (removal due …
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals