McKENZIE v. AVILES

Civil Action No. 12-0201 (JLL).

JEAN MCKENZIE, Petitioner, v. OSCAR AVILES, et al., Respondents.

United States District Court, D. New Jersey.

March 16, 2012.


Attorney(s) appearing for the Case

JEAN E. MCKENZIE, Petitioner, represented by MATTHEW SEAN INGLES , ORRICK HERRINGTON & SUTCLIFFE LLP.

OSCAR AVILES, in his capacity as Warden, Hudson County Jail, Kearny, New Jersey, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

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, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

WAYNE MULLER, Assistant Field Office Director for the Office of Detention and Removal Operations, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

JOHN T. MORTON, in his official capacity as Director of U.S. Immigration and Customs Enforcement, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

JANET NAPOLITANO, Secretary of Homeland Security, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

ERIC HOLDER, Attorney General of the United States, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.

U.S. DEPARTMENT OF HOMELAND SECURITY, Respondent, represented by ALEX KRIEGSMAN , OFFICE OF THE US ATTORNEY.


OPINION AND ORDER

JOSE L. LINARES, District Judge.

This matter comes before the Court upon Petitioner's filing of a § 2241 habeas corpus application, see Docket Entry No. 1, and Respondents' answer, see Docket Entry No. 5, to which Petitioner duly traversed, see Docket Entry No. 8.

The parties are not in dispute as to the following facts: (a) Petitioner...

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