IMMIGRATION LAW
United States District Court for the District of Alaska (2025)
Suleyman Amjad
In Salad v. State, Department of Corrections, 769 F. Supp. 3d 913 (D. Alaska 2025), the United States District Court for the District of Alaska ruled that the removal of a foreign national is not foreseeable while their Temporary Protected Status (TPS) application is pending, thus making it illegal for Immigration and Customs Enforcement (ICE) to detain them while their application is being processed. (Id. at 923–24). Salad is a citizen of Somalia who entered the country through the southern border without inspection. (Id. at 916). After the United States was unable to return him to Somalia, he was released but was required to check in with the Customs Office in San Antonio. (Id. at 917). Salad left for Alaska, where he filed for TPS. However, he failed to inform the Customs office of his relocation. As a result, he was arrested. (Id.). ICE then placed Salad into removal proceedings. (Id.). Salad filed a petition objecting to the length of his detainment. (Id. at 918). The main issue before the United States District Court for the District of Alaska was whether the period of detention was reasonably necessary to bring about Salad’s removal. (Id.). The government argued that because Somalia had issued a travel document, removal was reasonably foreseeable. (Id. at 919). The court affirmed the magistrate court’s decision, however, finding that the temporary nature of the travel document and Salad’s meeting of the prima facie case for TPS made his removal unforeseeable. (Id. at 924). The court further reasoned that even in the event of Salad not obtaining TPS status, Salad was entitled to an appeal process, which would further delay his removal. (Id. at 919). Affirming the magistrate judge’s recommendation, the United States District Court for the District of Alaska held that indefinite detention under these circumstances violated due process and ordered Salad’s immediate release. (Id. at 924).
