Opinion
Civil No. 00-2351 (RHK/FLN)
December 18, 2001
ORDER
Before the Court are Respondent's Objections to the September 10, 2001 Report and Recommendation (RR) of Chief Magistrate Judge Franklin L. Noel. Judge Noel has recommended that Petitioner's habeas corpus application be granted and, subject to certain conditions, he be released from physical custody. After a de novo review of the matter, the undersigned has concluded that no useful purpose would be served by issuing a memorandum opinion. Judge Noel's recitation of the factual background and analysis of the issues presented is thorough and well reasoned. His recommended disposition is fully supported by applicable legal principles. The RR will be adopted in its entirety.
Accordingly, and upon all the files, records, and proceedings herein, IT IS ORDERED:
1. The Objections (Doc. No. 33) are OVERRULED;
2. The Report and Recommendation (Doc. No. 31) is ADOPTED;
3. Petitioner's application for a writ of habeas corpus (Doc. No. 1) is GRANTED, unless, on or before January 3, 2002, Respondent submits written evidence to the undersigned demonstrating that there is a significant likelihood that Petitioner actually will be removed from the United States in the reasonably foreseeable future; and
4. Upon entry of an order granting the writ of habeas corpus, Petitioner shall be released from physical custody, subject to such terms and conditions of release as the INS deems appropriate pursuant to 8 U.S.C. § 1231(a)(3).