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RAJIGAH v. CONWAY

April 24, 2003

MARLON RAJIGAH, PETITIONER, MIKE CONWAY, DISTRICT DIRECTOR, NEW ORLEANS, IMMIGRATION AND NATURALIZATION SERVICE; EDWARD J. MCELROY, DISTRICT DIRECTOR, NEW YORK IMMIGRATION AND NATURALIZATION SERVICE; DAVID VENTURELLA, DIRECTOR, HEADQUARTERS POST-ORDER DETENTION UNIT, IMMIGRATION AND NATURALIZATION SERVICE; MICHAEL J. GARCIA, ACTING ASSISTANT SECRETARY FOR IMMIGRATION AND CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY; EDUARDO AGUIRRE, ACTING DIRECTOR, BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, DEPARTMENT OF HOMELAND SECURITY; TOM RIDGE, SECRETARY OF HOMELAND SECURITY; JOHN ASHCROFT, ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA; GARY COPES, WARDEN, PINE PRAIRIE DETENTION FACILITY, RESPONDENTS.


The opinion of the court was delivered by: Raymond Dearie, District Judge

ORDER

On April 9, 2003, petitioner Marion Rajigah filed the above-captioned petition for a writ of habeas corpus under 28 U.S.C. § 2241 to enjoin his continued unlawful detention by Respondents. The petition is hereby granted. A Memorandum of Decision will issue shortly.

Respondents are ordered to release petitioner immediately and to impose appropriate conditions for petitioner's release in an order of supervision.

SO ORDERED.

20030424

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