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MASIH v. AVILES

No. 14 Civ. 0928 (JCF).

RAHUL MASIH, Petitioner, v. OSCAR AVILES, in his official capacity as Warden of Hudson County Jail, 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 Attorney General of the: United States, and the U.S. DEPARTMENT OF HOMELAND SECURITY, Respondents.

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

May 20, 2014.

Attorney(s) appearing for the Case

Rahul Masih, Petitioner, represented by Michael Z. Goldman , Law Offices of Michael Z. Goldman.

Oscar Aviles, in his official capacity as Warden of Hudson County Jail, Respondent, represented by Christopher Kendrick Connolly , United States Attorney's Office.

Christopher Shanahan, Respondent, represented by Christopher Kendrick Connolly , United States Attorney's Office.

Rand Beers, Respondent, represented by Christopher Kendrick Connolly , United States Attorney's Office.

Eric Holder, Respondent, represented by Christopher Kendrick Connolly , United States Attorney's Office.

U.S Department of Homeland Security, Respondent, represented by Christopher Kendrick Connolly , United States Attorney's Office.

MEMORANDUM AND ORDER

JAMES C. FRANCIS, IV, Magistrate Judge.

Since January 2014, United States Immigration and Customs Enforcement ("ICE") has held petitioner Rahul Masih in detention. It has done so pursuant to a statute that requires the Government to detain any alien who is subject to deportation on the basis of having been convicted of two or more crimes involving moral turpitude. 8 U.S.C. §§ 1226(c)(1)(B), 1227(a)(2)(A)(ii). Mr. Masih contends...

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