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BURNS v. CICCHI

Civil Action No.: 09 CV 2609 FLW.

702 F.Supp.2d 281 (2010)

Oneil St. Elmo BURNS, Petitioner, v. Edward CICCHI, Warden, Middlesex County Board of Corrections, and John E. Thompson, District Director, U.S. Dept. of Homeland Security, et al., Respondents.

United States District Court, D. New Jersey.

March 10, 2010.

Attorney(s) appearing for the Case

Raymond P. D'Uva, Newark, NJ, for Petitioner.

Allan B.K. Urgent, Office of the US Attorney, Newark, NJ, for Respondents.

OPINION

WOLFSON, District Judge.

Presently before the Court is a Petition by Mr. Oneal St. Elmo Burns for a Writ of Habeas Corpus. Mr. Burns' Petition arises from his detention in the Hudson County Correctional Center, pending a hearing to address his potential removal from the United States pursuant to 8 U.S.C. §§ 1227(a)(2)(C), and (a)(2)(B)(i). Mr. Burns alleges that he was wrongfully denied bond because he is not subject to mandatory detention...

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