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JARDINES-GUERRA v. ASHCROFT

No. 02CV1718BTM(JFS).

262 F.Supp.2d 1112 (2003)

Luis JARDINES-GUERRA, EA74-047-764] Petitioner, v. John ASHCROFT, United States Attorney General; Immigration and Naturalization Service; and Adele Fasano, INS District Director for the San Diego District, Respondents.

United States District Court, S.D. California.

March 17, 2003.

Attorney(s) appearing for the Case

Jason I. Ser, Federal Defenders of San Diego, San Diego, CA, for Petitioner.

Samuel W. Bettwy, Robert H. Plaxico, Assistant U.S. Attorneys, San Diego, CA, for Respondents.

ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS

MOSKOWITZ, District Judge.

On August 27, 2002, Petitioner filed a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is an inadmissible alien under a final removal order and is currently being detained by the Immigration and Naturalization Service ("INS"). Petitioner contends that since there is no significant likelihood that the INS will be able to...

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