Unreported / Non-Citable
Background
Petitioner Obany Coellon Roca, a 50-year-old native and citizen of Cuba, entered the United States without authorization at Key West on April 15, 2002. He is subject to a final order of removal issued on September 14, 2006, and has accumulated at least four criminal convictions in the United States, including possession of methamphetamine and grand theft. On May 6, 2026, upon release from a two-year Florida Department of Corrections sentence, Roca was taken into ICE custody at the Central Valley Annex for removal to a third country. As of May 8, 2026, ICE designated Mexico as the removal destination, but removal had not occurred by the time of the hearing.
Roca filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the legality of his continued detention. The Magistrate Judge previously recommended dismissal on September 18, 2026, based on a belief Roca had been released, but that recommendation was vacated upon discovery he remained in custody.
The Court’s Holding
The Magistrate Judge recommends denial of the habeas petition. The court found that Respondents failed to prove Roca was obstructing removal to Mexico; his refusal to sign a "Certificate of Service" acknowledging receipt of the notice of intent to remove him to Mexico did not, by itself, constitute obstruction. However, the court determined Roca's detention remains lawful under Zadvydas v. Davis, 533 U.S.
678 (2001). Because the record does not indicate Roca was detained immediately following the 2006 entry of his removal order, his current post-conviction detention is governed by Zadvydas's six-month presumptive reasonableness period. As Roca's ICE detention began on May 6, 2026, it had not yet reached the six-month threshold by the date of the order, and he had not provided good reason to believe there was no significant likelihood of removal in the reasonably foreseeable future. The September 18, 2026 recommendation to dismiss is vacated, and the petition is recommended for denial.
Key Takeaways
- Refusal to sign a Certificate of Service acknowledging receipt of a notice of intent to remove does not, by itself, constitute obstruction of removal justifying indefinite detention.
- Post-removal-order detention is governed by Zadvydas v. Davis when the alien was not detained immediately upon entry of the removal order, triggering a six-month presumptive reasonableness period.
- The government bears the burden of rebutting an alien's showing that removal is not significantly likely in the reasonably foreseeable future only after the six-month period expires.
- A prior magistrate recommendation to dismiss based on alleged release was vacated when the record confirmed the petitioner remained in ICE custody.
- The Findings and Recommendations are submitted to the District Judge pursuant to 28 U.S.C. § 636(b)(1), with a 14-day objection period.
Why It Matters
This decision clarifies the evidentiary standard for 'obstruction of removal' in the Eastern District of California, holding that a mere refusal to sign an acknowledgment form is insufficient to establish obstruction. It reinforces the application of the Zadvydas framework to detainees who were not taken into custody immediately upon the entry of a final removal order, distinguishing them from those detained under the mandatory detention statute (8 U.S.C. § 1226(c)) or the 90-day removal period under 8 U.S.C.
§ 1231(a). The ruling underscores that the six-month presumptive reasonableness clock starts at the inception of current ICE custody, not the date of the final removal order, providing a critical protection for long-term residents re-detained years after their removal orders became final.