Macajola v. Holder et al

Filing 19

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/21/2014. (PSM)

FILED
2014 Jul-21 AM 09:13
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
RICARDO RAMIREZ
MACAJOLA,
Petitioner
vs.
ERIC HOLDER, JR., et al.,
Respondents

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Case No. 4:13-cv-02210-AKK-HGD

MEMORANDUM OPINION
On May 28, 2014, the magistrate judge entered a report and recommendation,
doc. 18, regarding petitioner Ricardo Ramirez Macajola’s petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241, doc. 1. The parties were allowed fourteen (14)
days in which to file objections to the recommendations made by the magistrate
judge. Doc. 18. at 10. Neither party filed any such objections.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court agrees with the magistrate that Macajola is not
entitled to habeas relief at this time because he has failed to “provide evidence of a
good reason to believe that there is no significant likelihood of removal in the
reasonable future.” Id. at 8 (quoting Akinwale v. Ashcroft, 287 F.3d 1050, 1052 (11th
Cir. 2002)). The court further accepts the recommendations of the magistrate judge

that Macajola’s petition for writ of habeas corpus be dismissed without prejudice with
regards to his claims concerning his continued detention and dismissed for lack of
jurisdiction with respect to his challenge to the removal order and application for
asylum.
The order will enter a contemporaneous order consistent with this opinion.
Done this 21st day of July, 2014.
________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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