IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
July 23, 2009
MARVIN BROWN, PETITIONER
UNITED STATES ATTORNEY GENERAL, ET AL., RESPONDENTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 23rd day of July, 2009, upon consideration of the report (Doc. 14) of the magistrate judge, recommending that the petition (Doc. 1) for a writ of habeas corpus be denied, and, following an independent review of the record, it appearing that petitioner challenges the legality of an order of removal dated June 2, 2005*fn1 (Doc. 8, Ex. 5), and also challenges his continued incarceration by the United States Immigration and Customs Enforcement ("USICE"), and it further appearing that this court lacks jurisdiction to consider petitioner's claim challenging the June 2, 2005 removal order, see Kolkevich v. Attorney Gen. of the United States, 501 F.3d 323, 328 (3d Cir. 2007) (explaining that the federal appellate courts possess exclusive jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252(a)(5)), and that petitioner has been detained in excess of six months, but has failed to provide sufficient evidence to establish that his removal from the United States is not reasonably foreseeable,*fn2 it is hereby ORDERED that:
1. The report and recommendation (Doc. 14) of the magistrate judge is ADOPTED.
2. The petition (Doc. 1) for writ of habeas corpus is DENIED.
3. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge