NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 21-1908 ________________ ADEL SULTAN MOHAMMED GHANEM, Appellant v. WARDEN ESSEX COUNTY CORRECTIONAL FACILITY ________________ Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 2-19-cv-13512) District Judge: Honorable Kevin McNulty ________________ Submitted under Third Circuit LAR 34.1(a) On January 14, 2022 Before: AMBRO, BIBAS and ROTH, Circuit Judges (Opinion filed: February 25, 2022) ________________ OPINION * ________________ ROTH, Circuit Judge * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Appellant Adel Sultan Mohammed Ghanem is an immigration detainee currently held at the Essex County Correctional Facility in Newark, New Jersey. He appeals an order of the District Court denying a motion to enforce a writ of habeas corpus. The District Judge had previously granted the motion only to the extent of ordering a bond hearing. The District Court then found that the bond proceeding before the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) comported with due process and that no relief was necessary. Ghanem challenges that decision, arguing that the BIA improperly relied on an unreliable and inadmissible police report and that the BIA failed to consider Ghanem’s arguments and evidence. Ghanem provides no basis for reversing the District Court’s findings. We will therefore affirm the order of the District Court. I. Ghanem is a citizen of Yemen. He first entered the United States in 2003, at the age of sixteen, and was granted Lawful Permanent Resident (LPR) status. He completed high school and one year of college in Michigan and later relocated to New York. In 2009, the New York Police Department’s Intelligence Bureau identified him as part of a terrorism investigation. That finding was based on information gathered from a Confidential Informant (CI), who reported on a series of encounters with Ghanem. The CI claimed that Ghanem had discussed jihad and had stated that he and several family members trained in Yemen. During the investigation, Ghanem returned to Yemen in September 2009. The CI continued to make monitored and recorded calls to Ghanem 2 during that time. During these calls, Ghanem allegedly discussed how the CI could get into Yemen and enroll in a terrorist training camp. In 2010, Ghanem attempted to return to the United States, but Jordanian officials denied him access. He continued to live abroad until he attempted to re-enter the United States again on February 21, 2017, relying on his LPR status. Upon arrival, the Department of Homeland Security detained him and served him with a notice to appear for removal proceedings. Ghanem remains in detention. Ghanem subsequently filed an Application for Asylum, Withholding of Removal, and Protection under the Convention Against Torture (CAT). An IJ denied his application on August 13, 2018 and ordered him removed from the United States. The IJ also denied Ghanem’s request for a change in custody status, holding that the immigration court did …
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