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LOUISAIRE v. MULLER

No. 10-cv-07503 (CM).

758 F.Supp.2d 229 (2010)

Jean LOUISAIRE, Petitioner, v. Wayne MULLER, Assistant Field Office Director, Office of Detention and Removal for U.S. Immigration and Customs Enforcement; Ruben Perez, Assistant Field Office Director, Office of Detention and Removal for U.S. Immigration and Customs Enforcement; Christopher Shanahan, New York Field Office Director for the Office of Detention and Removal for U.S. Immigration and Customs Enforcement; Janet Napolitano, Secretary of Homeland Security; Eric Holder, Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents.

United States District Court, S.D. New York.

December 1, 2010.

Attorney(s) appearing for the Case

Nancy Babette Morawetz , New York, NY, for Petitioner.

Natasha Oeltjen , United States Attorney's Office, New York, NY, for Respondents.

DECISION AND ORDER GRANTING PETITIONER'S WRIT OF HABEAS CORPUS

McMAHON, District Judge.

Petitioner Jean Louisaire challenges his confinement while removal proceedings against him are pending. Petitioner contends that the Respondents hold him in mandatory detention, without the opportunity for bail or bond assessment, pursuant to an erroneous interpretation of Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c). Petitioner seeks...

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