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DUY THO HY v. GILLEN

Civil Action No. 08-11699-JLT.

588 F.Supp.2d 122 (2008)

DUY THO HY, Petitioner, v. Brian GILLEN and Bruce Chadbourne, Respondents.

United States District Court, D. Massachusetts.

December 3, 2008.

Attorney(s) appearing for the Case

Kerry E. Doyle, Graves & Doyle, Jeremiah Friedman, Jeanette Kain, Kaplan, O'Sullivan & Friedman, LLP, Boston, MA, for Petitioner.

Mark J. Grady, United States Attorney's Office, Boston, MA, for Respondents.

Kristopher N. Austin, Foley Hoag LLP, Boston, MA, for Amicus PAIR Project, Inc.

MEMORANDUM

TAURO, District Judge.

In this habeas corpus case, Petitioner Duy Tho Hy challenges his confinement without a bond hearing while removal proceedings against him are pending. Petitioner contends that United States Immigration and Customs Enforcement ("ICE") holds him in mandatory detention pursuant to an erroneous interpretation of 8 U.S.C. § 1226(c). Respondents have moved to dismiss for failure to name proper parties, failure to exhaust...

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