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D'ALESSANDRO v. MUKASEY

No. 08-CV-914(RJA)(VEB).

628 F.Supp.2d 368 (2009)

Giuseppe D'ALESSANDRO, Petitioner, v. Michael B. MUKASEY, United States Attorney General; Michael Chertoff, Secretary of the Department of Homeland Security; Martin Herron, Assistant Field Office Director for the Buffalo Federal Detention Facility for United States Immigration and Customs Enforcement; and all other persons exercising direct legal control over the Petitioner, Respondents.

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

May 29, 2009.

Attorney(s) appearing for the Case

Brian L. Gardner, Sullivan Gardner PC, New York, NY, for Petitioner.

Gail Y. Mitchell, U.S. Attorney's Office, Buffalo, NY, for Respondents.

ORDER

RICHARD J. ARCARA, Chief Judge.

This case was referred to Magistrate Judge Victor E. Bianchini, pursuant to 28 U.S.C. § 636(b)(1). On December 15, 2008, petitioner filed a petition for a writ of habeas corpus. On March 25, 2009, Magistrate Judge Bianchini filed a Report and Recommendation, recommending that petitioner's petition be granted and that a writ of habeas corpus issue directing his release from custody subject to appropriate conditions...

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