Barakat v. Ashcroft

Full title: HISHAM BARAKAT, Petitioner, v. JOHN D. ASHCROFT, et al., Respondents

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 23, 2003

No. C02-2072P (W.D. Wash. Jan. 23, 2003)

Opinion

CASE NO. C02-2072P

January 23, 2003

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

MARSHA J. PECHMAN, United States District Judge

The court, having reviewed the Petition for Writ of Habeas Corpus, the Report and Recommendation of the Honorable Ricardo S. Martinez, United States Magistrate Judge, and any objections or responses to that, and the remaining record, finds and Orders as follows:

(1) The Court adopts the Report and Recommendation;

(2) The Court finds that petitioner's detention after the expiration of the six-month period is statutorily unauthorized under Zadvydas v. Davis, 121 S.Ct. 2491 (2001);

(3) Respondents' Motion to Dismiss (Dkt. #9) is DENIED;

(4) The Petition for Writ of Habeas Corpus (Dkt. #3) is GRANTED;

(5) Petitioner shall be released from INS custody within two business days after entry of this Order, on conditions set by the INS which may include those set forth in 8 C.F.R. § 241.5 (a); and

(6) The Clerk shall send a copy of this Order to all counsel of record, and to the Honorable Ricardo S. Martinez.

JUDGMENT IN A CIVIL ACTION

Decision by the Court. This action came under consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED the Report and Recommendation is adopted and approved and Respondents motion to dismiss is DENIED and the petition for Writ of Habeas Corpus is GRANTED.

Enclosed are copies of my Report and Recommendation and proposed order and proposed judgment in the above-captioned case. The originals are being filed with the Clerk. This Report and Recommendation is not an appealable order. Any notice of appeal should not be filed until the District Judge enters judgment in this case.

Because the court has ordered expedited consideration of these cases, we are directing responses to the Report and Recommendation more quickly than would otherwise be provided under the rules. Objections to the recommendation should be filed and served within seven calendar days of the date of this letter with copies to the Clerk for forwarding to the District Judge and to my office. You should note your objections for consideration on the Judge's motion calendar for the second Friday after they are filed. If no timely objections are filed, the matter will be ready for consideration by the District Judge on December 27, 2002.

Thank you for your cooperation.