De Souza Neto v. Smith

MEMORANDUM AND ORDER ON THE GOVERNMENT’S MOTION TO DISMISS

Richard G. Stearns, UNITED STATES DISTRICT JUDGE

The issue in this case is straightforward: Does an unreviewable reinstated removal order, held in abeyance pending a withholding-only proceeding, constitute an “administratively final” order authorizing the detention of an alien under 8 U.S.C. § 1231(a)?2 The facts underlying Jucelia de Souza Neto’s habeas corpus petition are not in dispute. De Souza Neto, a Brazilian national, entered the United States illegally in December of 2004. She was apprehended by Border Patrol agents and…