United States District Court, W.D. Louisiana, Alexandria Division
H.L. Perez-Montes, United States Magistrate Judge
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).
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.
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,
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.
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).
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 ...