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STRAUBE v. CHERTOFF

Case No. 07 CV 1751 JM (NLS).

560 F.Supp.2d 983 (2008)

Wilhelm STRAUBE, Petitioner, v. Michael CHERTOFF, Secretary of the Department of Homeland Security, et al., Respondents.

United States District Court, S.D. California.

May 14, 2008.

Attorney(s) appearing for the Case

James Fife, Esq., Federal Defenders of San Diego, San Diego, CA, for Petitioners.

Samuel William Bettwy, Esq., U.S. Attorney's Office Southern District of California, Civil Division, San Diego, CA, for Respondents.

ORDER PARTIALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND ORDERING BAIL HEARING WITHIN 60 DAYS

JEFFREY T. MILLER, District Judge.

Petitioner Wilhelm Straube, a Guatemalan native, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 challenging his federal detention. The court granted Petitioner's motion to proceed in forma pauperis and motion for appointment of counsel. For the reasons set forth below, the court hereby...

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