Smabaly v. Ashcroft

Full title: DANFAKHA SMABALY, Petitioner, v. JOHN ASHCROFT, et al., Respondent(s)

Court: United States District Court, S.D. New York

Date published: Dec 3, 2002

No. 02 Civ. 9353 (LTS)(HBP) (S.D.N.Y. Dec. 3, 2002)

Opinion

No. 02 Civ. 9353 (LTS)(HBP)

December 3, 2002

ORDER

LAURA TAYLOR SWAIN, United States District Judge

Petitioner, appearing by counsel, petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. In order to preserve the Court's jurisdiction, it is ordered that Petitioner's removal or deportation is hereby stayed until further order of the Court. See 28 U.S.C. § 1651.

The Clerk of Court is directed to serve a copy of this Order and the underlying petition on the United States Attorney for the Southern District of New York who is further directed to inform the Immigration and Naturalization Service forthwith of the stay of removal. For good cause shown, the Government may move to vacate this stay.