Summary
holding where petitioner contested removability, prolonged detention violated Tijani even if not due to the unreasonable delay of the INS
Summary of this case from Judulang v. ChertoffOpinion
No. CV 06-01149-PHX-EHC.
June 8, 2007
ORDER
Petitioner Mohammed Ali filed a Petition for Writ of Habeas Corpus, arguing that his detention for four years while his removal proceedings have been pending is unlawful. (Dkt. 1). This matter was referred to Magistrate Judge Duncan for Report and Recommendation ("R R"). Magistrate Judge Duncan issued a R R in accordance with 28 U.S.C. § 636(b)(1)(B). (Dkt. 12). The R R recommends that the Court grant the Petition and that the Court either order Petitioner's release from custody under an order of supervision, or, in the alternative, order Respondents to provide a hearing to Petitioner within sixty (60) days of its Order before an Immigration Judge with the power to grant him bail unless Respondents establish that he is a flight risk or will be a danger to the community. (Dkt. 12).
Respondents filed their Objections to the R R. (Dkt. 15). Petitioner filed a Declaration in response to Respondents' Objections to the Report and Recommendation. (Dkt. 17). Petitioner filed a Response to Government's Objections together with a Declaration. (Dkts. 18-19).
Standard of Review
A district court judge reviews a Report and Recommendation of a Magistrate Judge de novo. See 28 U.S.C. § 636(b)(1)(C).
Discussion
The Court having reviewed the record de novo, including the Objections filed by the Respondents, adopts in full the Report and Recommendation of the Magistrate Judge and incorporates the same as part of this Order.
Accordingly,
IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is ADOPTED in full. (Dkt. 12).
IT IS FURTHER ORDERED that the Respondents' Objections to the Report and Recommendation of the Magistrate Judge are DENIED. (Dkt. 15).
IT IS FURTHER ORDERED that Respondents shall have sixty (60) days from the date this Order is filed to provide a hearing to Petitioner before an Immigration Judge with the power to grant him bail unless Respondents establish that Petitioner is a flight risk or will be a danger to the community.
IT IS FURTHER ORDERED that if Respondents fail to provide a hearing to Petitioner before an Immigration Judge within sixty (60) days of the date this Order is filed, Petitioner shall be released from custody under an order of supervision.