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KHAN v. GONZALES

No. EP 06-CA-00242-KC.

481 F.Supp.2d 638 (2006)

Nantu KHAN, Petitioner, v. Alberto GONZALES, United States Attorney General, et al., Respondents.

United States District Court, W.D. Texas, El Paso Division.

June 22, 2006.

Attorney(s) appearing for the Case

Edgar H. Holguin, Lead Attorney, Public Defenders Office, El Paso, TX, for Petitioner.

Jose J. Tarvarez, Lead Attorney, Special Assistant U.S. Attorney Immigration and Customs Enforcement, Magdalena G. Jara, Lead Attorney, Assistant U.S. Attorney, El Paso, TX, for Respondents.

ORDER

CARDONE, District Judge.

On this day, the Court considered Nantu Khan's ("Petitioner") Petition for Writ of Habeas Corpus and Respondents' Motion to Dismiss ("Motion"). For the reasons set forth herein, Respondents' Motion is DENIED and Petitioner's Petition is GRANTED.

I. BACKGROUND

Petitioner, Nantu Khan1, entered the United States from Canada on or about May...

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