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Crisostomos v. Homeland Security Agency

July 14, 2010

PEDRO A. CRISOSTOMOS, PETITIONER
v.
HOMELAND SECURITY AGENCY, ET AL., RESPONDENTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of July, 2010, upon consideration of the report of the magistrate judge (Doc. 10), recommending that the petition (Doc. 1) for writ of habeas corpus, filed by petitioner Pedro A. Crisostomos ("Crisostomos") pursuant to 28 U.S.C. § 2241, be dismissed because Crisostomos' detention is within the 90- day removal period set forth in 8 U.S.C. § 1231,*fn1 and recommending that the petition (Doc. 9) for writ of ne exeat filed by Crisostomos be denied,*fn2 and upon further consideration of the objections (Doc. 12) to the report filed by Crisostomos,*fn3 and, following an independent review of the record, it appearing that Crisostomos' detention is within the 90-day removal period set forth in § 1231,*fn4 in which it is statutorily required that he be detained, it is hereby ORDERED that:

1. The report and recommendation (Doc. 10) of the magistrate judge is ADOPTED.

2. The petition (Doc. 1) for writ of habeas corpus is DISMISSED.

3. The petition (Doc. 9)for writ of ne exeat is DENIED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States ...


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