United States District Court, S.D. New York
Brandon M. Waterman, Esq. Assistant United States Attorney
ORDER ADOPTING REPORT AND RECOMMENDATION
J. NATHAN, UNITED STATES DISTRICT JUDGE DISTRICT JUDGE
Shujat Ali, a noncitizen with no legal status in the United
States, filed a habeas petition pursuant to 28 U.S.C. §
2241, seeking an order directing respondents to either
release him from custody or conduct a bail hearing. Dkt No.
1. Before the Court is Magistrate Judge Pitman's February
17, 2017 amended Report and Recommendation recommending that
the petition be dismissed without prejudice to renewal if Ali
was not removed by March 15, 2017. Dkt No. 17.
notification of the right to object to the Report &
Recommendation, no objections were filed, and the time to do
so has passed. See Dkt No. 17; 28 U.S.C. §
636(b)(1); Fed.R.Civ.P. 72(b)(2). When no objection is made,
the Court reviews a report and recommendation for clear
error. See Martinez-Cisneros v. Hufford, No. 13 Civ.
6888(AT)(.ICF), 2014 WL 3854077, at *1 (S.D.N.Y. Aug, 5,
2014) (citing Dunham v. City of New York, 11 Civ
1223, 2013 WL 929029, at *1 (S.D.N.Y. Mar. 11, 2013)). The
Court finds no clear error. Accordingly, the Court ADOPTS
Magistrate Judge Pitman's Report & Recommendation in
its entirety. Petitioner's petition is DENIED without
prejudice to renewal if Ali was not removed by March 15,
Clerk of the Court is respectfully directed to close the
REPORT AND RECOMMENDATION
PITMAN, United States Magistrate Judge
HONORABLE ALISON J. NATHAN, United States District Judge, I.
an alien with no legal status in the United States, seeks a
writ of habeas corpus pursuant to 28 U.S.C. § 2241,
directing respondents either to release him from custody or
to conduct a bail hearing. For the reasons set forth below, I
respectfully recommend that the petition be denied.
facts giving rise to this action are not in substantial
a native and citizen of Pakistan. In 1990, he entered the
United States illegally. In 1995, an Immigration Judge
ordered that Ali be deported, and that order was carried out.
Nevertheless, Ali entered the United States a second time and
was re-deported pursuant to the 1995 order on or about June
August 30, 2014, Ali applied for admission to the United
States at the Bridge of the Americas in El Paso, Texas.
United States Customs and Border Patrol personnel immediately
took Ali into custody, and Ali has been detained since that
time. Upon being taken into custody, Ali expressed a fear of
persecution or torture in Pakistan, and an asylum officer
found the fear to be credible. Customs and Border Patrol
personnel subsequently issued Ali a Notice to Appear that
alleged that Ali was inadmissible ...