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STRAKER v. JONES

No. 13 Civ. 6915(PAE).

986 F.Supp.2d 345 (2013)

Myles STRAKER, Petitioner, v. Kenneth T. JONES, in his official capacity as Undersheriff and Acting Administrator of Orange County Correctional Facility; Christopher Shanahan, in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement; Rand Beers, in his official capacity as Acting Secretary of Homeland Security; Eric Holder, in his official capacity as the Attorney General of the United States; and the U.S. Department of Homeland Security, Respondents.

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

December 10, 2013.

Attorney(s) appearing for the Case

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

Christopher Kendrick Connolly, Patricia L. Buchanan, United States Attorney's Office, David Stuart Jones, New York, NY, for Respondents.

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge.

Myles Straker, an alien, is currently detained in a New York State prison pursuant to a detainer issued by the Department of Homeland Security ("DHS") while proceedings to remove him from the United States are underway. DHS1 asserts that it has the authority (indeed, the duty) to detain him under the mandatory detention statute, § 236(c) of the Immigration and...

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