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RAJIGAH v. CONWAY

No. CV03-1717 (RJD).

268 F.Supp.2d 159 (2003)

Marlon RAJIGAH, Petitioner, v. Mike CONWAY, District Director, New Orleans, Immigration and Naturalization Service; Edward J. McElroy, District Director, New York Immigration and Naturalization Service; David Venturella, Director, Headquarters Post-Order Detention Unit, Immigration and Naturalization Service; Michael J. Garcia, Acting Assistant Secretary for Immigration and Customs Enforcement, Department of Homeland Security; Eduardo Aguirre, Acting Director, Bureau of Citizenship and Immigration Services, Department of Homeland Security; Tom Ridge, Secretary of Homeland Security; John Ashcroft, Attorney General of the United States of America; Gary Copes, Warden, Pine Prairie Detention Facility, Respondents.

United States District Court, E.D. New York.

June 12, 2003.

Attorney(s) appearing for the Case

Millicent Y. Clarke, Clarke & Associates, Garden City, New York, NY, for the petitioner.

Steven J. Kim, Assistant United States Attorney, Brooklyn, New York, NY, for the respondent.

MEMORANDUM OF DECISION

DEARIE, District Judge.

On April 9, 2003, petitioner Marlon Rajigah filed the above-captioned petition for a writ of habeas corpus under 28 U.S.C. § 2241 to enjoin his continued detention by Respondents. For the following reasons, the petition was granted on April 24, 2003.

BACKGROUND

Petitioner Marlon Rajigah is a 41-year-old citizen of Guyana who was admitted to the United States in 1979. He became a...

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