A federal judge has denied the government’s request to pause Nathan “Nate” Samudzi’s habeas corpus case while issues in related litigation over third-country removals are resolved.
Samudzi’s attorney told Intellectual Dissatisfaction that the government had asked the court to hold his habeas case in abeyance while issues in D.V.D. v. Department of Homeland Security were resolved.
Samudzi’s legal team opposed the request, arguing his case involves issues beyond the third-country removal question.
“We responded and argued there was more at issue including whether ICE validly revoked Nathan’s order of supervision,” his attorney said.
The judge denied the government’s request and left in place the previously established deadlines for the government to respond to both Samudzi’s habeas petition and his request for a temporary restraining order, according to his attorney.
Samudzi’s legal team filed his emergency habeas petition Sept. 23. The following morning, U.S. District Judge Jerry Blackwell ordered federal officials not to remove, transfer or otherwise facilitate Samudzi’s removal from the District of Minnesota pending further order of the court.
The government’s request to pause the case centered on D.V.D. v. DHS, a class-action lawsuit concerning removals to countries not previously identified as destinations in a person’s immigration proceedings.
On Sept. 18, the First Circuit Court of Appeals largely affirmed a lower court ruling requiring DHS to provide affected individuals with effective notice of a proposed third-country destination and a meaningful opportunity to raise fears of persecution or torture before removal. The appeals court also upheld the vacatur of DHS guidance governing those removals, while vacating separate declarations concerning the order in which DHS must consider potential removal countries.
The latest ruling does not resolve Samudzi’s habeas petition or his request for a temporary restraining order. Instead, it means his individual case will continue under the court’s existing schedule rather than being placed on hold.
The government is now required to respond to the claims raised in Samudzi’s habeas petition and request for emergency relief.
