Motion to Administratively Close Removal Proceedings (2007-12-21)

DHS filed this motion to close my removal proceedings immediately following my release from ICE custody on 2007-12-20.

Leading up to this there had been two hearings in the Immigration Court. I had declared, at those hearings, that I was born in the US and was a US citizen. Meanwhile, DHS had failed to provide any evidence to support it's allegation I was an alien, or to refute my claim of being born in the US.

I had a bond hearing scheduled for 2007-12-21, and I suspect DHS believed, given that they had no evidence I was even an alien, the Immigration Court was going to order my release. So, rather than suffering the humiliation of having the court order them to release me, they released me the day before the bond hearing and filed to close my case.

In this motion, DHS does not actually provide a reason for why they are requesting the proceedings be closed. All they say is that I am being taken into custody by another agency. Although that is suggestive of being the reason, they don't actually say it is the reason.

And on the issue of me being taken into custody by another agency, it should be noted that upon my relase from ICE custody, I was immediately arrested by the Eloy Police Department on a warrant for failure to appear. But the reason I failed to appear, was because I was in ICE custody and ICE refused to facilitate that appearance.