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Ali v. DuBois

United States District Court, S.D. New York

April 21, 2017

Shujat Ali, Petitioner,
v.
Carl DuBois et al, Respondents.

          Brandon M. Waterman, Esq. Assistant United States Attorney

          ORDER ADOPTING REPORT AND RECOMMENDATION

          ALISON J. NATHAN, UNITED STATES DISTRICT JUDGE DISTRICT JUDGE

         Petitioner 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.

         Despite 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, 2017.

         The Clerk of the Court is respectfully directed to close the case.

         SO ORDERED.

         AMENDED REPORT AND RECOMMENDATION[1]

          PITMAN, United States Magistrate Judge

         TO THE HONORABLE ALISON J. NATHAN, United States District Judge, I. Introduction

         Petitioner, 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.

         II. Facts

         The facts giving rise to this action are not in substantial dispute.

         Ali is 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 26, 2002.

         On 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 ...


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