Haitian immigrant seeks release from Moshannon Valley detention facility

Haitian man claims he is being held illegally

A 38-year-old Haitian immigrant at the Moshannon Valley Processing Center in Clearfield County has filed a federal complaint contending he is being held illegally, and he is seeking his immediate release.

Jeanel Amazan has resided in New Jersey since his arrival in the United States three years ago under a Biden-era parole program to create "safe and orderly pathways to the United States for citizens of Cuba, Haiti, Nicaragua and Venezuela."

The program, his petition stated, required "significant background checks" to determine he was not a threat to national security or public safety.

His parole period was to last for two years -- through June 12, 2025.

During that time period, he applied for asylum, noting "he fears persecution" in his native land.

On Sept. 7, a vehicle stop occurred in Carroll Township, Pennsylvania, and police then turned him over to the Immigration and Customs Enforcement Field Office in York, according to his petition filed with the federal District Court in Johnstown.

The petition filed Monday by attorney Emma Marie Tuohy of Philadelphia stated Amazan was placed in Moshannon Valley, classified as an "Arriving Alien."

Because of that classification, his detention was mandatory.

So far the Department of Homeland Security has denied him a bail hearing, she stated.

"Petitioner (Amazan) was detained and remains in detention without due process in violation of his Fifth Amendment rights under the U.S. Constitution which states that no person shall be deprived of life, liberty, or property without due process of law," the Amazan petition contended.

"Petitioner is not a flight risk, and he does not have a criminal record, so he is not a danger to his community," Tuohy stated.

U.S. District Judge Stephanie L. Haines has been assigned to hear Amazan's plea for release.

The petition contends that Amazan is being held without bond as part of a new ICE policy.

"He is now experiencing unlawful detention because the Department of Homeland Security, in concert with the Executive Office for Immigration Review, has asserted that he is subject to mandatory detention without due process."

He has been charged with not possessing a valid visa or entry document at the time of his parole at the port of entry, it is further explained.

But, the petition continues, he was granted parole and allowed to enter the United States for two years, during which time he applied for asylum.

"As an arriving alien, the immigration judge does not have jurisdiction to redetermine custody," according to the immigrant's petition.

The government has not established a lawful basis to continue Amazan's mandatory detention without a bond hearing, it is contended.

It concluded Amazan entered the United States with parole through a government program which had vetting requirements.

"He should be immediately released," the petition concluded.

In the alternative, Tuohy suggested, a bond hearing should be held within seven days.