NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-1179 ___________ OLUKAYODE DAVID OJO, Appellant v. WARDEN ELIZABETH DETENTION CENTER ____________________________________ On Appeal from the United States District Court for the District of New Jersey (D.C. No. 2:18-cv-08725) District Judge: Honorable Jose L. Linares ____________________________________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on March 2, 2020 Before: JORDAN, BIBAS, and PHIPPS, Circuit Judges (Opinion filed: April 8, 2020) ___________ OPINION* ___________ PER CURIAM Olukayode David Ojo appeals from three orders of the U.S. District Court for the Dis- trict of New Jersey. The District Court denied his petition for writ of habeas corpus under * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 28 U.S.C. § 2241, denied Ojo’s motion for reconsideration, and denied Ojo’s second mo- tion for reconsideration. We will affirm. Ojo is a citizen of Nigeria who entered the United States as a nonimmigrant visitor in 2010. He was permitted to stay until April 2011, but he remained in the United States. In July 2011, Ojo was arrested on federal wire fraud charges. In 2014, he was convicted in the U.S. District Court for the Eastern District of New York of conspiracy to commit wire fraud and conspiracy to commit document fraud. Ojo appealed his conviction. Meanwhile, in March 2014, immigration officials took Ojo into custody on removabil- ity charges for overstaying his visa. At Ojo’s May 2014 hearing before an Immigration Judge (IJ), the IJ granted Ojo’s request for a change in custody status to allow for Ojo’s release on bond, which was set at $50,000. In August 2014, the IJ lowered the bond amount to $22,500. The IJ denied Ojo’s later request to lower the bond amount, and Ojo appealed to the Board of Immigration Appeals (BIA). On March 19, 2015, the BIA affirmed the IJ’s denial of another bond redetermination because Ojo had not established a material change in circumstances. In December 2014, Ojo filed a habeas petition in the District Court, seeking his release from immigration custody. Ojo v. Aviles, No. 2:14-cv-07951 (D.N.J.). On March 31, 2015, the Government filed a joint stipulation and request for dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1), agreeing to an immigration bond redetermination in an amount that Ojo’s family could afford, and noting the mootness of Ojo’s habeas petition given that agreement. The District Court granted the joint request for dismissal that same day. In April 2 2015, after another bond hearing, the IJ set the bond amount at $2,000. Ojo paid the bond, and he was released. Ojo’s criminal conviction eventually became final for immigration purposes. See Orabi v. Att’y Gen. of the U.S., 738 F.3d 535, 542 (3d Cir. 2014) (conviction is final for immi- gration purposes after the completion of direct appellate review). The U.S. Court of Ap- peals for the Second Circuit affirmed Ojo’s conviction in November 2015, noting that the trial evidence established a ...
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