Demecio Flores-Martinez Petition For Review of Enforcement of Removal Order
Demecio Flores-Martinez Petition For Review of Enforcement of Removal Order
U.S.C. 2241 to issue a writ of habeas corpus to review the lawfulness of the enforcement of a
removal order. Mr. Flores-Martinez contends that this deportation order is improvidently issued
and that he has been subject to a deportation order, and he lawfully complied with his prior election
of voluntary departure.
STAY his impending removal, and b) ASSUME jurisdiction and REVIEW the lawfulness of the
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4. This Court has habeas corpus jurisdiction pursuant to 28 U.S.C. 2241 et seq., Art.
1, 9, Cl. 2 of the United States Constitution (Suspension Clause). Zadvydas v. Davis, 533 U.S.
678, 688, 121 S. Ct. 2491, 150 L. Ed. 2d 653 (2001); Rosales-Garcia v. Holland, 322 F.3d 386,
394 (6th Cir. 2003); Castillas v. Holder, No. 09-3831 (6th Cir, Decision September 2, 2011).
VENUE
5. Venue lies in the Eastern District of Michigan, the judicial district in which Mr.
Flores-Martinez is detained. Rumsfeld v. Padilla, 542 U.S. 426, 124 S. Ct. 2711, 2718 n.8, 159 L.
Ed. 2d 513 (2004). Mr. Flores-Martinez is detained at the Saint Clair County Jail in Port Huron,
Michigan.
PARTIES
7. Respondent Rebecca Adducci is the Field Office Director for the Detroit District of
Immigration and Custom Enforcement and is sued in her official capacity. The Field
Office Director has responsibility and authority over custody decisions in Michigan.
See Roman v. Ashcroft, 340 F.3d 314, 319-321 (6th Cir. 2003).
8. Respondent David Harlow is the Director of the United States Marshals Service. The
state lines.
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10. Respondent Tim Donnellon is the Saint Clair County Sheriff. Petitioner is detained at
11. Mr. Flores-Martinez has no administrative remedies available to him at this time. His
only remedy is by way of this petition for writ of habeas corpus. Baidas v. Jennings,
123 F. Supp. 2d 1052, 1056-67 (E.D. Mich. 2000). Castillas v. Holder, No. 09-3831
12. Mr. Flores-Martinez first came to the United States, without inspection at 16 years of
age.
13. In November 1997, Mr. Flores-Martinez was issued an order of removal from the
United States.
15. Mr. Flores-Martinez resided in the United States continuously since his last return.
16. Petitioner is openly gay and enjoys cross-dressing. As such, when he arrived at Monroe
County Jail, correctional officers there thought he was transgendered and was receiving
hormone replacement therapy to change from male to female. See Petitioners Photos
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17. On July 2, 2014, Mr. Flores-Martinez became eligible for a U-Visa1 as he fell victim to
a spiked drink otherwise known as being roofied, kidnapping outside a known gay
club in Detroit by the name of Gigis, battery using a gun, and assault with a deadly
weapon. Petitioners friend who was also a victim on that night successfully filed for
his U-Visa application and is currently awaiting relief based on his claim as a result of
the event in 2014. See Police Report Listing Petitioner as Victim 2 attached as Exhibit
C. See Also U-Visa Fingerprint Notice for Petitioners Friend attached as Exhibit D.
18. On February 9, 2017, Mr. Flores-Martinez was arrested by Oakland County officers.
He was told that there was a warrant issued for his arrest.
19. On April 19 2017, Mr. Flores-Martinez appeared before Honorable Judge Bernard A.
Friedman of the United States District Court, Eastern District of Michigan in Detroit.
Petitioner pleaded guilty to the offense of Illegal Re-entry, 8 U.S.C. 1326(a). Judge
Friedman accepted Petitioners plea, released him on $100 bond and supervision but
1
According to the United States Citizenship and Immigration Services, U-Visa is:
The U nonimmigrant status (U visa) is set aside for victims of certain
crimes who have suffered mental or physical abuse and are helpful
to law enforcement or government officials in the investigation or
prosecution of criminal activity. Congress created the U
nonimmigrant visa with the passage of the Victims of Trafficking
and Violence Protection Act (including the Battered Immigrant
Womens Protection Act) in October 2000. The legislation was
intended to strengthen the ability of law enforcement agencies to
investigate and prosecute cases of domestic violence, sexual assault,
trafficking of aliens and other crimes, while also protecting victims
of crimes who have suffered substantial mental or physical abuse
due to the crime and are willing to help law enforcement authorities
in the investigation or prosecution of the criminal activity. The
legislation also helps law enforcement agencies to better serve
victims of crimes.
See USCIS Website with U-Visa Application Description attached as Exhibit B.
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Petitioners custody was remanded to the United States Marshals Service. See Judge
20. Petitioner is currently HIV positive, requires ongoing medical treatment indefinitely
and will suffer harassment due to his sexual orientation if returned to Mexico. See
F.
21. The basis for the Court's habeas jurisdiction to review the issue whether Immigration
and Customs Enforcement may enforce a deportation order which is not valid is found
28 U.S.C. 2241, the general grant of habeas jurisdiction bestowed on the federal
district courts. Rosales-Garcia, 322 F.3d at 394. Castillas v. Holder, No. 09-3831 (6th
22. The Court may also exercise jurisdiction pursuant to 28 U.S.C. 1331 and may grant
relief pursuant to the Declaratory Judgment Act, 28 U.S.C. 2201 et seq. and the All
23. The Respondents actions are in violation of applicable law, regulations, and precedent.
24. Petitioner realleges and reasserts the foregoing paragraphs as if set forth fully herein.
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26. Petitioners medications are Epsicon, Prezista, Narviar, Vead, and Bactrum. The
average cost for these medications is $4,000 per month. See Medicine Information and
27. Petitioner was diagnosed with HIV approximately 13 years ago. Petitioner is being
treated and is under medical supervision at all times. As a result, Petitioner is considered
28. Petitioner does not reside in Mexico. As such, Petitioner does not qualify for medical
29. Additionally, the lack of employment opportunities affects Petitioners eligibility for
medical care because he does not have an employer to provide social security or
medical care for Petitioner. In the case where Petitioner is able to secure employment,
Petitioner will have to wait at least three (3) months from his date of hire to obtain
medical coverage. Three (3) months for an HIV Positive patient could signify the
difference between life and death. Such a situation is disastrous in Petitioners case.
30. Petitioner realleges and reasserts the foregoing paragraphs as if set forth fully herein.
31. Mr. Flores-Martinezs sexual preference will expose him to gang violence and constant
Zacatecas, Mexico.
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32. Furthermore, Petitioner will be sent to a town and a country which is foreign to him.
That country is plagued with drug cartels and is described by locals as a war zone.
Specifically, Zacatecas where the Petitioner will reside is consider one of the worst
states in Mexico according to the Department of State Travel Warning. See U.S.
Department of State Mexico Travel Warning issued on December 16, 2016 attached as
Exhibit H.
33. Petitioner realleges and reasserts the foregoing paragraphs as if set forth fully herein.
34. Petitioner is entitled to the relief of U-Visa and is currently actively pursuing that option
by submitting his application for relief with the United States Citizenship and
Immigration Services. Petitioners friend, and other victim on the same incident, has
filed his U-Visa Application and is currently awaiting his approval. See Victims
Statement, Police Reports of the Incident, and Receipts for Application Submission
attached as Exhibit I.
WHEREFORE, Petitioner respectfully requests that the Court grant the following relief:
C. That it award reasonable attorneys fees and costs to Petitioner for being required
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D. That it grant other such relief that may become available through a change in the
law; and
________________________________
Shahad J. Atiya (P80947)
ATTORNEY FOR PETITIONER
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VERIFICATION
Pursuant to 28 U.S.C. 2242, the undersigned certifies under penalty of perjury that he has
reviewed the foregoing petition and that the facts stated therein are true and accurate to the best of
my knowledge. I also depose and say that I have reviewed the attachments to Petition for Writ of
Habeas Corpus and that they are true and correct copies of the originals to the best of my
____________________________________
Shahad Atiya (P80947)