1. I am a student attorney at the University of Minnesota Law School. A

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1 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA NELSON KARGBO, Civil File No. Petitioner, v. JOEL BROTT, Sherburne County Sheriff; SCOTT BANIECKE, Field Office Director, Immigration and Customs Enforcement; SARAH SALDAÑA, Director, Immigration and Customs Enforcement; JEH JOHNSON, Secretary of the Department of Homeland Security; LORETTA LYNCH, Attorney General of the United States, DECLARATION OF NICHOLAS D. HITTLER IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C Respondents. I, NICHOLAS D. HITTLER, declare as follows: 1. I am a student attorney at the University of Minnesota Law School. A Student Practice Certification and Notice of Appearance of Student Attorney for the United States District Court for the District of Minnesota has been filed on my behalf. I submit this declaration in support of Mr. Kargbo s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C The University of Minnesota Law School Law Clinics also represents Mr. Kargbo in his immigration (removal) proceedings under his Alien Identification Number A Attached hereto as Exhibit A is a true and correct copy of Form I-862, Notice to Appear, and Form I-286, Notice of Custody Determination, issued to Mr. 1

2 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 2 of 7 Kargbo, both dated August 29, These documents are part of Mr. Kargbo s removal proceedings pending in the United States Immigration Court, In the Matter of Nelson Kargbo, File No. A ( Removal Proceedings ). 3. Attached hereto as Exhibit B is a true and correct copy of the transcript of the hearing on September 12, 2013 in Mr. Kargbo s Removal Proceedings. 4. Attached hereto as Exhibit C is a true and correct copy of the transcript of the hearing on October 30, 2013 in Mr. Kargbo s Removal Proceedings. 5. Attached hereto as Exhibit D is a true and correct copy of the transcript of the hearings on April 29, 2014 and July 22, 2014 in Mr. Kargbo s Removal Proceedings. 6. Attached hereto as Exhibit E is a true and correct copy of the Decision issued by the Board of Immigration Appeals on March 26, 2014 in Mr. Kargbo s Removal Proceedings. 7. Attached hereto as Exhibit F is a true and correct copy of the Oral Decision of the Immigration Judge issued by the United States Immigration Court on November 15, 2013 in Mr. Kargbo s Removal Proceedings. 8. Attached hereto as Exhibit G is a true and correct copy of the Decision of the Board of Immigration Appeals issued on January 5, 2015 in the administrative appeal of Mr. Kargbo s Removal Proceedings. 9. Attached hereto as Exhibit H is a true and correct copy of the Reissued Decision of the Board of Immigration Appeals dated February 2, 2015 in the administrative appeal of Mr. Kargbo s Removal Proceedings. 2

3 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 3 of Attached hereto as Exhibit I is a true and correct copy of the Respondent s Briefing Extension Request dated October 13, 2014, in the administrative appeal of Mr. Kargbo s Removal Proceedings. 11. Attached hereto as Exhibit J is a true and correct copy of the Removal Order issued on July 31, 2014, in Mr. Kargbo s Removal Proceedings. 12. Attached hereto as Exhibit K is a true and correct copy of Petitioner s Employment Records at, provided to my office by on December 1, Attached hereto as Exhibit L is a true and correct copy of a psychiatric assessment by at, received by my office on April 21, Attached hereto as Exhibit M is a true and correct copy of Medical Records for Mr. Kargbo which were provided to my office by Carver County Jail on June 20, 2014 and November 19, Attached hereto as Exhibit N is a true and correct copy of Medical Records for Mr. Kargbo for the period of January 24, 2014 to December 2, 2014, which were provided to my office by Sherburne County Jail on June 25, 2014 and January 8, Attached for the Court s convenience as Exhibit O hereto is a courtesy copy of relevant excerpts of Physicians for Human Rights, Punishment Before Justice: Indefinite Detention In The U.S. (2011). The full report can be found at: 3

4 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 4 of Attached for the Court s convenience as Exhibit P is a true and correct copy of Medical Records for Mr. Kargbo covering the period of May 12, 2015, to May 26, 2015; provided by Sherburne County Jail; and received by my office on May 27, Attached hereto as Exhibit Q is a true and correct copy of a letter by at received by my office on June 2, 2015, regarding Mr. Kargbo s medications and health complications. 19. Attached for the Court s convenience as Exhibit R hereto is a courtesy copy of relevant excerpts of Department of Homeland Security, Office of Inspector General, Management of Mental Health Cases in Immigration Detention, March The full report can be found at: Attached for the Court s convenience as Exhibit S hereto is a courtesy copy of relevant excerpts of National Immigrant Justice Center and Physicians for Human Rights, Invisible in Isolation, September The full report can be found at: Attached for the Court s convenience as Exhibit T hereto is a courtesy copy of relevant excerpts of Department of Homeland Security, Office of Detention Oversight Compliance Inspection, Enforcement and Removal Operations: ERO St. Paul, Carver County Jail, April 15-17, The full report can be found at: 4

5 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 5 of Attached for the Court s convenience as Exhibit U hereto is a courtesy copy of the relevant excerpts of Department of Homeland Security, Office of Detention Oversight Compliance Inspection, Enforcement and Removal Operations: ERO St. Paul, Sherburne County Jail, July 22-24, The full report can be found at: SherburneJuly2014.pdf. 23. Attached hereto as Exhibit V is a true and correct copy of Form I-213, Record of Deportable/Inadmissible Alien, issued to Mr. Kargbo and dated August 29, Attached hereto as Exhibit W is a true and correct copy of the Registers of Action for the State of Minnesota for Mr. Kargbo, retrieved from MNCIS on November 13, Attached hereto as Exhibit X is a certified copy of the Register of Actions for Washington County for Mr. Kargbo, received by my office on December 1, Attached hereto as Exhibit Y is a certified copy of the Register of Actions for Dakota County for Mr. Kargbo, received by my office on December 3, Attached hereto as Exhibit Z is a true and correct copy of Mr. Kargbo s Dakota County Custody Record issued by the Minnesota Department of Corrections, received by my office on November 17, Attached hereto as Exhibit AA is a true and correct copy of, received by my office on November 24,

6 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 6 of Attached hereto as Exhibit BB is a true and correct copy of a Washington County Custody Record, register number 0E86413, issued by the Minnesota Department of Corrections, received by my office on November 24, Attached hereto as Exhibit CC is a true and correct copy of Mr. Kargbo s sentencing records from Dakota County District Court for his Possession of Burglary Tools conviction and from Washington County District Court for his Terroristic Threats with Reckless Disregard conviction, both of which were submitted by the Government to the Immigration Court on September 12, On March 13, 2015, I spoke with representatives from Sherburne County Jail who confirmed that Mr. Kargbo was held in segregation at their facility from January 24, 2014 to February 17, Beginning on April 20, 2015, my office has spoken with ICE officer Nicholas Carey at various times to confirm that Mr. Kargbo was transferred from Sherburne County Jail on or about April 20, 2015, to Hardin County Jail in Omaha, Nebraska; then to a detention facility in Louisiana; and then to York County Prison in York, Pennsylvania on or about April 27, He had an interview at the Sierra Leonean consulate on or about May 5, 2015, and he was transferred back from York to Sherburne on or about May 11, Exhibit DD is a true and correct copy of the two transfer notices our office received on April 21, 2015 and April 28, My office did not receive formal transfer notices for all locations through which Mr. Kargbo was transferred. 6

7 CASE 0:15-cv PJS-LIB Document 1-4 Filed 06/11/15 Page 7 of Attached hereto as Exhibit EE is a true and correct copy of the Decision of the Board of Immigration Appeals issued on May 15, 2015, in the administrative appeal of Mr. Kargbo s removal proceedings. 34. Attached hereto as Exhibit FF is a true and correct copy of the Bond Memorandum of the Immigration Judge issued on June 11, 2015, denying his motion for release. I hereby declare under penalty of perjury that the foregoing is true and correct. Dated: June 11, 2015 s/ Nicholas D. Hittler. Nicholas D. Hittler, Law Student hittl005@umn.edu 190 Mondale Hall th Avenue South Minneapolis, MN Telephone: (612)