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Hook v. Sessions

United States District Court, W.D. Louisiana, Alexandria Division

May 25, 2017




          Joseph H.L. Perez-Montes, United States Magistrate Judge

         Before the Court is a petition for writ of habeas corpus (28 U.S.C. § 2241) filed by pro se Petitioner Mark David Hook (“Hook”) (A088927046). Hook is an immigration detainee in the custody of the Department of Homeland Security/U.S. Immigration and Customs Enforcement (“DHS/ICE”). He is being detained at the LaSalle Detention Center in Jena, Louisiana. Hook claims that his detention violates the rule announced in Zadvydas v. Davis, 533 U.S. 678 (2001).

         This matter has been referred to the undersigned for review, report, and recommendation in accordance with the provisions of 28 U.S.C. § 636 and the standing orders of the Court.

         I. Factual Background

         Hook has filed two prior § 2241 petitions in this Court, arguing that his detention is unlawful under Zadvydas. (Case Nos. 3:09-cv-423, 2:11-cv-131). In August 2013, an evidentiary hearing was conducted in the second case, after which, the magistrate judge reported:

Petitioner claims that he is named “Mark David Hook.” Doc. 55, p. 10. He claims that he was born on March 13, 1970, and was born and raised in London, England. Id. Petitioner testified that he left the United Kingdom in approximately 2002. Id. at 11-12.
Petitioner has been in ICE custody since April 2, 2008. See doc. 55, p. 12; doc. 45, ex. G-1. On that date, a Border Patrol Agent encountered petitioner during a transportation check at the Greyhound Bus Station in Baton Rouge, Louisiana. See doc. 45, ex. G-1. Petitioner told the Case agent that his name was “Mark David Hook” and that he was a citizen of the United Kingdom. Id. He claimed that he had entered the United States two weeks earlier under the Visa Waiver Program, [1] and that he had accidentally left his passport in New York City. Id. An investigation revealed that petitioner actually entered the United States at San Juan, Puerto Rico, in June 2004 via American Airlines Flight 01130 from Antigua. Id. When presented with this information, petitioner admitted that it was true. Id. He also stated that he had been living in New York City since he arrived in 2004. Id.
Because petitioner failed to depart as required under the Visa Waiver Program, the Border patrol agent placed petitioner under ICE custody to await removal from the United States. Id. ICE issued a final order of removal on April 2, 2008, the same day as the arrest. See doc. 45, exs. G-2, G-3, G-4. Once he was in ICE custody petitioner applied for a new passport from the United Kingdom Passport Service with the assistance of his deportation officer. See doc. 55, pp. 13-15; doc. 45, ex. G-5. The application listed the lost passport number as 029518553. See doc. 45, ex. G-5.
To date, ICE has been unsuccessful in deporting petitioner for a simple reason-the British do not believe that the “Mark David Hook” in ICE custody is who he claims to be. By letter dated June 20, 2008, the British Consulate informed petitioner that a passport bearing the number he provided had already been reported lost by another individual. See doc. 45, ex G-17. The letter stated that, because this person had provided sufficient proof of his identity, the passport was replaced. Id. Therefore, the Consulate informed petitioner that it would need more convincing proof of his identity in order to provide him consular assistance. Id.
Over the next few months ICE and the British Consulate repeatedly requested information from petitioner in order to establish his identity. Hook v. Holder, 3:09-cv-00423 (W.D. La. 2009), doc. 18, pp. 8-9. The only identification that he could provide was a purported United Kingdom driver's license which he was carrying with him at the time of his arrest. Id. at 7. He claimed that he could not obtain his passport or other documents because all of his identification (and the means of accessing it) was in his luggage that had been seized by the Border Patrol. Doc. 55, pp. 19-22. Further complicating removal efforts, petitioner repeatedly refused to answer questions about himself or claimed he could not remember details due to “medical reasons.” Hook v. Holder, 3:09-cv-00423 (W.D. La. 2009), doc. 18, pp. 5-6. ICE eventually requested the assistance of INTERPOL in order to determine petitioner's identity and nationality but INTERPOL was unable to do so. Id. at 8, n. 10; see also doc. 45, ex. G-24.
The British Consulate withdrew petitioner's passport application on August 15, 2008, due to his inability to prove his identity. Hook v. Holder, 3:09-cv-00423, doc. 18, p. 9. On September 9, 2008, ICE informed petitioner that his detention was being extended due to his failure to make timely and good faith efforts to obtain travel or other documents necessary for his removal. Id.

(Case No. 2:11-cv-131, Doc. 81, pp. 2-4).

         Hook's first § 2241 petition was dismissed because the statutory removal period had been continuously tolled due to Hook's failure to cooperate with his removal. (Case No. 2:11-cv-131, Doc. 81, pp. 2-4). Hook's motion to reopen the case was denied because “his detention is a result of his own failure to cooperate with ...

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