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GARCIA v. U.S. DEPT. OF HOMELAND SECURITY

No. 04-CV-0949 (MAT).

657 F.Supp.2d 403 (2009)

Carlos GARCIA, A38505829, Petitioner, v. U.S. DEPARTMENT OF HOMELAND SECURITY, Respondent.

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

September 28, 2009.

Attorney(s) appearing for the Case

Carlos Garcia, Batavia, NY, pro se.

Gail Y. Mitchell, Mary K. Roach, U.S. Attorney's Office, Buffalo, NY, for Respondent.

ORDER

MICHAEL A. TELESCA, District Judge.

INTRODUCTION

Petitioner Carlos Garcia ("Garcia" or "petitioner"), proceeding pro se, commenced this action seeking habeas corpus relief pursuant to 28 U.S.C. § 2241. Petitioner challenges a final order of removal based on a claim that he obtained derivative citizenship through the naturalization of his father, and accordingly seeks (1) release on bond and (2) change of custody. The Court notes...

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