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HERNANDEZ-CASTILLO v. MOORE

No. SA-04-CA-0710.

402 F.Supp.2d 749 (2005)

Enrique HERNANDEZ-CASTILLO Applicant, v. Marc J. MOORE, as Field Office Director for Detention and Removal for the Immigration and Customs Enforcement, et. al. Respondent.

United States District Court, W.D. Texas, San Antonio Division.

January 7, 2005.

Attorney(s) appearing for the Case

Simon M. Azar-Farr, Simon M. Azar-Farr & Associates, San Antonio, TX, for Plaintiff.

Gary L. Anderson, Assistant United States Attorney, San Antonio, TX, for Defendant.

ORDER DENYING RESPONDENT'S MOTION TO DISMISS

FURGESON, District Judge.

Before the Court are Respondent's Motion to Dismiss (Docket No. 9), Applicant's Reply to Respondent's Motion to Dismiss, and Applicant's Court Advisory Number 1. After due consideration, the Court DENIES Respondent's Motion to Dismiss.

FACTUAL AND PROCEDURAL BACKGROUND

Applicant Hernandez-Castillo was a resident of the United States for more than thirty years and had...

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