United States District Court, M.D. Pennsylvania
November 18, 2005.
BILLY G. ASEMANI,[fn1] Petitioner
TOM RIDGE, ET AL., Defendants.
The opinion of the court was delivered by: EDWIN KOSIK, Senior District Judge
*fn1 Petitioner also goes under the name of "Ghafour Asemani."
AND NOW, THIS 18th DAY OF NOVEMBER, 2005, upon
consideration of the facts that: (1) Petitioner filed this habeas
corpus action pursuant to 28 U.S.C. § 2241 on January 21, 2004,
against Tom Ridge, former Secretary of the Department of Homeland
Security, and other immigration officials; (2) on January 30,
2004, this court transferred the petition to the United States
Court of Appeals pursuant to 28 U.S.C. § 1631 (Doc. 6); (3)
following Petitioner's appeal from the January 30, 2004 Order,
the Third Circuit Court of Appeals issued a decision on July 22,
2005, vacating the transfer Order and remanding the matter back
to this court with the directive that the case be dismissed for
lack of jurisdiction; and (4) the Third Circuit's mandate was
docketed in this action on November 16, 2005, and the matter
reopened in this court for the purpose of following the Third Circuit's directive, IT IS
HEREBY ORDERED THAT the above action is hereby dismissed for
lack of jurisdiction for failure to exhaust administrative
remedies in accordance with the July 22, 2005 decision of the
United States Court of Appeals for the Third Circuit.*fn2
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