No. 18-8823

Omer Al Obaidy v. Kevin K. McAleenan, Acting Secretary of Homeland Security, et al.

Lower Court: Eighth Circuit
Docketed: 2019-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 10th-amendment 4th-amendment 5th-amendment 6th-amendment civil-rights due-process false-arrest fifth-amendment fourth-amendment immigration immigration-removal self-incrimination sixth-amendment tenth-amendment unlawful-seizure
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FifthAmendment FourthAmendment FirstAmendment CriminalProcedure Punishment Immigration Privacy
Latest Conference: 2019-06-06
Question Presented (from Petition)

1) dose petitioner who have lived in the U.S. for period of 14 years with proof of education and clear record of any criminal or misdemeanor charges do possess due rights process according to the United Sates Constitution where he has been absent 19 months of the U.S. then for period of fifteen years due to removal band? Or not?

2) In absent of elements of Arrest which depends on Probable- Causes and Exigent Circumstances and after petitioner made the interview with the FBI-KCMO is that violate his rights under the Fourth Amendment which prohibit "Unreasonable Search and Seizure" without clear warrant of Arrest nor reading rights to state where dose the charges rest? In absent of probable causes and exigent circumstance where arrest discovered to be based upon fraudulently issued UCN as criminal individual not related to VWP overstaying was it attempted Kidnaping? as elements of Decoy, Inveigle, and unlawful Seizure was very obvious? then transfer pass the interstate to Shawnee County Jail- Topeka, KS from the FBI office in Missouri as stated under 18 U.S.C. 1201(a), (b) was it kidnapping?

While in ICE-KCMO office and signing form G-28 with immigration attorney to serve petitioner he didn't show up with petitioner. During that time petitioner under fear and as shock forced to sign forms without present of his attorney, discovered some fifteen years after the incidence of removal it was forms signed. by petitioner indicting himself as criminal alien is that will be violation of the Fifth Amendment providing to the state via Fourteenth Amendment "Prohibiting selfincrimination of crime" without proven first by Juries in court of law?

The absent of an attorney signed form G-28 while petitioner detained under ICE-KCMO custody violating petitioner rights under the Sixth Amendment of "right of a counsel"? Since he didn't assist petitioner of forms, he signed rendered removal as criminal alien. discover after fifteen years that from G-28 of counsel representation signed on April 11, 2003 was expired form on 09/26/00.

By imposing false arrest fallowed by imprisonment as criminal alien made by ICE-KCMO in collaboration with the FBI-KCMO without informing the Local and state law enforcement to make the arrest under from 1-247 (notice of action) is that violation to the state of Missouri people rights under the Tenth Amendment as the governor or the chief executive officer of the state must be informed of any crimes committed in the state under "aggravated Felony" as stated clearly under 8 U.S.C. 1226(d)(3)?

Question Presented (AI Summary)

Whether a long-term legal resident with no criminal record who was removed from the U.S. based on falsified records has due process rights

Docket Entries

2019-08-23
Rehearing DENIED.
2019-08-01
DISTRIBUTED.
2019-07-01
Petition for Rehearing filed.
2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-15
Waiver of right of respondent Kevni K. McAleenan, Acting Secretary of Homeland Security, et al. to respond filed.
2018-12-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2019)

Attorneys

Kevni K. McAleenan, Acting Secretary of Homeland Security, et al.
Noel J. FranciscoSolicitor General, Respondent
Omer Al Obaidy
Omer Al Obaidy — Petitioner