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Posted May 17. 2018 4:25PM

Federal court in NH allows Somali man fighting to stay in U.S. to continue to seek writ of habeas corpus

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Abdigani Faisal Hussein filed a petition for a writ of

habeas corpus, see 28 U.S.C. § 2241, and complaint for

declaratory and injunctive relief, seeking to stay his removal


to his native Somalia until the Board of Immigration Appeals

(BIA) has decided his recently-filed motion to reopen his

removal proceedings, see 8 U.S.C. § 1229a(c)(7). The federal

respondents moved to dismiss Hussein’s petition and complaint,

arguing that this court lacks subject-matter jurisdiction under

8 U.S.C. § 1252. See Fed. R. Civ. P. 12(b)(1).