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MOHAMED v. TEBRAKE

No. CIV. 03-4325DSDRLE.

371 F.Supp.2d 1043 (2005)

Abdi Gelle MOHAMED, Petitioner, v. Larry TEBRAKE, Program Director St. Peter Treatment Center, Mark Cangemi, District Director, Bureau of Immigration and Customs enforcement, Michael Garcia, Assistant Secretary Bureau of Immigration and Customs Enforcement, Tom Ridge, Secretary, Department of Homeland Security, John Ashcroft, Attorney General of the United States, Respondents.

United States District Court, D. Minnesota.

May 23, 2005.

Attorney(s) appearing for the Case

Michael H. Davis, Esq., Michael H. Davis Law Office, PA, Minneapolis, and Thomas Hutchins, Esq., Alexandria, VA, counsel for petitioner.

Thomas R. Ragatz, Esq. and Barbara E. Berg Windels, Esq., Office of the Minnesota Attorney General, St. Paul, counsel for respondent Larry TeBrake.

Mary Jo Madigan, Esq., Office of the United States Attorney, Minneapolis, counsel for respondent Mark Cangemi.

ORDER

DOTY, District Judge.

This matter is before the court upon the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Based upon a review of the file, record and proceedings herein, and for the reasons stated, the court grants the petition.

BACKGROUND

Petitioner is a citizen of Somalia who was granted asylum in this country by the Immigration and Naturalization...

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