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MORISATH v. SMITH

No. C97-1239Z.

988 F.Supp. 1333 (1997)

Boupone MORISATH, A25-095-794, Plaintiff, v. Richard SMITH, District Director of Immigration & Naturalization Service, et al., Defendants.

United States District Court, W.D. Washington.

December 24, 1997.

Attorney(s) appearing for the Case

Robert Pauw, Gibbs & Houston, Seattle, WA, for Plaintiff.

Christopher Lee Pickrell, U.S. Attorney's Office, David B. Hopkins, U.S. Dept. of Justice, Hugh G. Mullane, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, for Defendants.

ORDER

ZILLY, District Judge.

THIS MATTER comes before the Court on respondents' motion to dismiss for lack of subject matter jurisdiction, docket no. 5 and petitioner's motion for release from custody, docket no. 10. Having considered the motions together with all documents filed in support and opposition, as well as the parties' oral arguments, the Court enters the following order:

I. FACTUAL AND PROCEDURAL BACKGROUND

Petitioner Boupone...

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