United States v. Albaadani

Albaadani came to the U.S. via Saudi Arabia at age 17. In 2015, an order of removal was issued against him because his former wife ceased to sponsor his request for citizenship. Albaadani wants to return to his birthplace, but because Yemen was in a state of “war and political conflict,” no travel documents have been issued. Albaadani was detained for six months, after which he was released subject to monitoring with a GPS ankle monitor. The Immigration and Naturalization Service received a tamper alert on Albaadani’s ankle monitor. When an agent called Albaadani, Albaadani refused to go to an enforcement office and became verbally abusive toward the agent. He was sentenced to nine months of imprisonment for tampering with a GPS ankle monitor, 18 U.S.C. 1361. Albaadani argued that his sentence was based on the impermissible factors of gender and national origin. The Sixth Circuit affirmed, stating that some of the district court’s comments, taken out of context, could appear to be influenced by Albaadani’s national origin, but the court’s explicit and complete reliance on serious threats and photographs attributed to Albaadani indicate that the sentence, viewed as a whole, did not create the appearance of having been based on gender or national origin. View "United States v. Albaadani" on Justia Law