Mark Williams v. William P. Barr, No. 19-1664 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam - Before Shepherd, Kelly and Erickson, Circuit Judges] Prisoner case - Habeas. Denial of Section 2241 petition affirmed, but the dismissal of the petition is modified to be without prejudice.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1664 ___________________________ Mark Williams lllllllllllllllllllllPetitioner - Appellant v. William P. Barr, Attorney General of the United States; Chad Wolf1; Peter B. Berg, U.S. ICE Field Office Director for the St. Paul Field Office; Warden of Immigration Detention Facility lllllllllllllllllllllRespondents - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: November 21, 2019 Filed: November 26, 2019 [Unpublished] ____________ Before SHEPHERD, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. 1 Chad Wolf has been appointed to serve as Acting Secretary of Homeland Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c). Mark Williams appeals from the district court’s2 denial of his 28 U.S.C. § 2241 petition. Upon careful de novo review, we find no basis for reversal. See Zadvydas v. Davis, 533 U.S. 678, 699, 701 (2001); Lema v. INS, 341 F.3d 853, 854-57 (9th Cir. 2003); see also Abdullah v. Hedrick, 392 F.3d 957, 959 (8th Cir. 2004) (standard of review). We modify the dismissal, however, to be without prejudice. Accordingly, the judgment of the district court is affirmed as modified. See 8th Cir. R. 47B. ______________________________ 2 The Honorable David S. Doty, United States District Judge for the District of Minnesota. -2-
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