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SCARLETT v. U.S. DEPT. OF HOMELAND SEC.

No. 08-CV-534.

632 F.Supp.2d 214 (2009)

Errol Barrington SCARLETT, Petitioner, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY BUREAU OF IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Respondents.

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

July 10, 2009.

Attorney(s) appearing for the Case

Jeremi L. Chylinski, Lorie E. Almon, Seyfarth Shaw LLP, New York, NY, for Petitioner.

Gail Y. Mitchell, U.S. Attorney's Office, Buffalo, NY, Judy Rabinovitz, Michael Tan, American Civil Liberties Union Foundation Immigrants' R, Arthur Eisenberg, New York Civil Liberties Union, New York, NY, for Respondents.

ORDER

RICHARD J. ARCARA, Chief Judge.

This case was referred to Magistrate Judge H. Kenneth Schroeder, Jr. pursuant to 28 U.S.C. § 636(b)(1), on October 27, 2008. On July 22, 2008, petitioner filed a petition for writ of habeas corpus. On May 12, 2009, 2009 WL 1322303, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that the writ be granted unless the respondents afford petitioner a hearing, within 30 days of the Order adopting...

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