Eleri v. Holder

Filing 21

MEMORANDUM OPINION ADOPTING and ACCEPTING the 19 Magistrate Judge's Report and Recommendation. Signed by Judge James H Hancock on 12/16/2015. (JLC)

FILED
2015 Dec-16 AM 11:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CHARLES CHUKWUMEZE ELERI,
Petitioner,
v.
LORETTA E. LYNCH, United States
Attorney General,
Respondent.

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4:14-cv-1919-JHH-JEO

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §
2241. (Doc. 1). Petitioner Charles Chukwumeze Eleri, pro se, contends that he is being illegally
detained without bond pending his removal from the United States under the Immigration and
Nationality Act (“INA”), 8 U.S.C. § 1101 et seq. Eleri has also “requested” that the Government
be required to supply a copy of the transcript of his bond hearing before an Immigration Judge
(Doc. 12), and he has moved for an “expedited decision” on his habeas petition or, in the
alternative, for an order transferring his habeas petition to the United States Court of Appeals for
the Ninth Circuit. (Doc. 13). On December 1, 2015, the magistrate judge to whom the case was
referred for preliminary review entered a report and recommendation pursuant to 28 U.S.C. §
636(b), that recommended as follows: (1) Eleri’s request for a recording or transcript of his bond
hearing is due to be denied; (2) his alternative motion to transfer this action to the Ninth Circuit
is due to be denied; (3) his habeas petition is due to be dismissed in part and denied in part; and
(4) his motion for an “expedited decision” on his habeas petition is moot. (Doc. 19). On
December 11, 2015, Eleri filed objections to the magistrate judge’s report and recommendation.

(Doc. 20).
An examination of Eleri’s objections reveals that they repeat the same arguments that he
has presented previously. It suffices to say that those arguments are adequately addressed by the
magistrate judge’s report and recommendation. Accordingly, Eleri’s objections are
OVERRULED. Having carefully reviewed and considered de novo all the materials in the court
file, including the magistrate judge’s report and recommendation, and the petitioner’s objections,
the court is of the opinion that the magistrate judge’s findings are due to be and are hereby
ADOPTED and his recommendation is ACCEPTED. Accordingly, the petition for a writ of
habeas corpus is due to be DENIED IN PART AND DISMISSED IN PART, as set forth in the
report and recommendation; Eleri’s motion for a recording or transcript of his bond hearing is
due to be DENIED; his alternative motion for a transfer of this action to the Ninth Circuit is due
to be DENIED; and his motion for an expedited decision on his habeas petition is MOOT. A
separate final order will be entered.
It is SO ORDERED, this the 16th day of December, 2015.

SENIOR UNITED STATES DISTRICT JUDGE

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