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GARCIA v. SHANAHAN

No. 09 Civ. 2995 (CM).

615 F.Supp.2d 175 (2009)

Higinio Alejandro GARCIA, Petitioner, v. Christopher SHANAHAN, Field Office Director for the Office of Detention and Removal Operations for U.S. Immigration and Customs Enforcement at 201 Varick Street, New York, NY; Wayne Muller, Assistant Field Office Director for the Office of Detention and Removal Operations; Janet Napolitano, Secretary of Homeland Security; Eric Holder, Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents.

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

May 1, 2009.

Attorney(s) appearing for the Case

Nancy Babette Morawetz, Washington Square Legal Services, Inc., New York, NY, Alina Das, New York, NY, for Petitioner.

DECISION AND ORDER GRANTING PETITIONER'S WRIT OF HABEAS CORPUS

McMAHON, District Judge:

Petitioner Higinio Alejandro Garcia challenges his confinement while removal proceedings against him are pending. Petitioner contends that the Respondents hold him in mandatory detention, without the opportunity for bail or bond assessment, pursuant to an erroneous interpretation of Section 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c). Petitioner...

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