Case Name in Immigration Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
B.A.Y.,1 :
:
Petitioner, :
:
v. : Case No. 4:25-cv-168-CDL-ALS
: 28 U.S.C. § 2241
Warden, STEWART DETENTION :
CENTER, :
:
Respondent. :
___________________________________
ORDER
Pending before the Court is Respondent’s motion to dismiss Petitioner’s application for
habeas corpus relief. (Docs. 5, 1). In relevant part, Respondent asserts that Petitioner has not met
his evidentiary burden under Zadvydas v. Davis, 533 U.S. 678 (2001), to show that there is no
significant likelihood of removal in the reasonably foreseeable future. (Doc. 5, at 8-9). Further
complicating the Court’s consideration of Respondent’s contentions in the motion, on October 7,
2025, Petitioner filed a second application for habeas corpus relief after briefing on Respondent’s
motion to dismiss had concluded. B.A.Y. v. Warden, No. 4:25-cv-303-CDL-AGH (M.D. Ga.)
(“B.A.Y. II”). On October 29, 2025, that case was consolidated into this case. (Doc. 7). In B.A.Y II,
Petitioner alleged under penalty of perjury that Ethiopia rejected his travel document application
and that the United States Immigration and Customs Enforcement was aware of that rejection.
(B.A.Y. II Doc. 1, at 3). However, in support of the motion to dismiss filed on July 18, 2025 in this
case, Respondent submitted the sworn declaration of Deportation Officer Jeffrey Knowles – signed
and filed with the Court on July 18, 2025 – declaring that Petitioner’s travel document request
1 It appears that Petitioner should be referred to as B.A.Y. (Doc. 4). The Clerk is directed to make this change to the
docket.
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remained pending as of that date. (Doc. 5-1, at 2). As of the date of this Order, Petitioner has not
filed a response to the motion to dismiss.
In order to provide the parties an opportunity to address Petitioner’s later claim that
Ethiopia has denied his travel document request, Respondent is ORDERED to file a supplemental
brief no longer than five (5) pages within fourteen (14) days updating its response to address
whether Ethiopia denied Petitioner’s travel document request after July 18, 2025, as well as any
other developments which may bear on the Court’s consideration of whether there is a significant
likelihood of Petitioner’s removal in the reasonably foreseeable future. Respondent may attach as
exhibits such documentation necessary to support Respondent’s supplemental contentions.
Petitioner shall have seven (7) days following the filing of Respondent’s supplemental brief to file
any desired response no longer than five (5) pages, which may include documentary exhibits in
support thereof. If Respondent believes a reply is necessary, Respondent may file a motion
requesting leave to do so and setting forth the reasons for seeking a reply. Thereafter, the Court
will consider this matter and issue a Recommendation.
SO ORDERED, this 15th day of December, 2025.
s/ ALFREDA L. SHEPPARD
UNITED STATES MAGISTRATE JUDGE
Case 4:25-cv-00168-CDL-ALS Document 8 Filed 12/15/25 Page 2 of 2