Karimi v. Holder

Filing 8

MEMORANDUM OPINION-The court is of the opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the Recommendation is ACCEPTED. Signed by Judge R David Proctor on 5/14/2012. (AVC)

FILED
2012 May-14 PM 03:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION

ALI SINA KARIMI,
Petitioner,
v.
ERIC H. HOLDER,
Respondent.

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Case No. 4:12-CV-00669-RDP-RRA

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation on April 18, 2012, recommending
that Petitioner’s petition for writ of habeas corpus under 28 U.S.C. § 2241 (Doc. # 1) be dismissed.
Petitioner filed objections to the Report and Recommendation on May 1, 2012.
Having carefully and independently reviewed and considered de novo all the materials in the
court file, including the Report and Recommendation and the objections thereto, the court is of the
opinion that the Magistrate Judge's Report is due to be and is hereby ADOPTED and the
Recommendation is ACCEPTED. At the time Petitioner filed his § 2241 petition, the six-month
presumptively reasonable removal period under Zadvydas v. Davis had not yet expired, so Petitioner
cannot state a claim under Zadvydas. See Akinwale v. Ashcroft, 287 F. 3d 1050, 1052 (11th Cir.
2002); Zadvydas v. Davis, 533 U.S. 678, 701 (2001).1 Accordingly, Petitioner’s petition for writ of
habeas corpus is due to be dismissed without prejudice. An appropriate order will be entered.

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As of May 2, 2012, however, that six-month period has expired. The court expresses no
opinion as to whether the continued detention of Petitioner beyond May 2, 2012 is reasonable and
that issue is not presented in the instant Petition.

The Clerk is DIRECTED to mail a copy of this Memorandum of Opinion to Petitioner.
DONE and ORDERED this

14th

day of May, 2012.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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