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MEJIA v. ASHCROFT

No. 05-CV-0494(WJM).

360 F.Supp.2d 647 (2005)

Edward MEJIA, Petitioner, v. John ASHCROFT, Attorney General; Tom Ridge, Secretary of the Department of Homeland Security; Michael Garcia, Director United States Immigration and Customs Enforcement; Greg Kendrick, Newark Field Office Director, United States Immigration and Customs Enforcement; U.S. Immigration & Customs Enforcement; Oscar Avilas, Acting Director, Hudson County Correctional Center, Respondents.

United States District Court, D. New Jersey.

March 14, 2005.

Attorney(s) appearing for the Case

Thomas E. Mosely, Newark, for Petitioner Edward Mejia.

Caroline A. Sadlowski, Assistant U.S. Attorney, Office of the U.S. Attorney, Newark, for Respondents.

OPINION

MARTINI, District Judge.

This matter comes before the Court on Edward Mejia's ("Petitioner") petition for writ of habeas corpus under 28 U.S.C. § 2241 (2000). Petitioner, an alien, is currently being detained by the United States Immigration and Customs Enforcement ("USI&CE") under 8 U.S.C. § 1225(b)(2)(A) (2000) pending removal. Petitioner contends that: (1) he should not be mandatorily detained under 8 U.S.C. § 1226(c)(1) (2000...

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