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ZAVALA v. RIDGE

No. C04-00253 JSW.

310 F.Supp.2d 1071 (2004)

Javier ZAVALA, Petitioner, v. Tom RIDGE, in his official capacity, Secretary Department of Homeland Security; John Ashcroft, in his official capacity, Attorney General, Department of Justice, Respondents.

United States District Court, N.D. California.

March 1, 2004.

Attorney(s) appearing for the Case

Marc Van Der Hout, Stacy Tolchin, Zachary Nightingale, Van Der Hout, Brigagliano & Nightingale, LLP, San Francisco, CA, for Plaintiff.

Edward A. Olsen, United States Attorney's Office, San Francisco, CA, for Defendant.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

WHITE, District Judge.

Now before the Court is the petition for writ of habeas corpus by Petitioner Javier Zavala. Petitioner asserts that he is currently being detained in violation of the Due Process Clause of the United States Constitution by virtue of the automatic stay of his bail redetermination pursuant to 8 C.F.R. § 1003.19(i)(2). Having carefully reviewed the parties' papers and considered their...

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