Al-Jabari v. U S Attorney General of America
Filing
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MEMORANDUM OF OPINION AND ORDER Contrary to the report of the magistrate judge, this Court is of the opinion that Petitioner's pleading entitled "Detainee Stipulation to Prompt Removal to Iraq" ( 9 at 7) is sufficient to be considered Petitioners statement of his intent to withdraw from the subclass. Respondent is thus ordered to SHOW CAUSE within fourteen (14) days from the date of entry of this Order as to why that should not be the case, and as to why this action should not continue to proceed on Petitioner's claims. Signed by Judge L Scott Coogler on 9/18/2018. (PSM)
FILED
2018 Sep-18 PM 03:43
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
HUSSAIN JIYAD AL-JABARI,
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Petitioner,
v.
U.S. ATTORNEY GENERAL OF
AMERICA,
Respondent.
4:18-cv-00408-LSC-TMP
MEMORANDUM OF OPINION AND ORDER
On August 6, 2018, the magistrate judge filed his Report and
Recommendation, recommending that this petition for habeas corpus relief filed
pursuant to 28 U.S.C. § 2241 be denied and dismissed without prejudice. (Doc.
10). No objections have been filed. However, after having now carefully reviewed
and considered de novo all the materials in the court file, the Court is of the opinion
that the report is not due to be adopted and the recommendation is not due to be
accepted at this time.
Respondent argued that Petitioner should not be allowed to seek duplicative
habeas relief in this Court while he remains part of a certified class of individuals
pursuing identical relief in a class habeas in the U.S. District Court for the Eastern
District of Michigan, styled Hamama v. Adducci, No. 17-cv-11910 (E.D. Mich.).
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(See doc. 7). In response, Petitioner stated that he is no longer part of the Hamama
subclass and has submitted a signed “Detainee Stipulation to Prompt Removal to
Iraq,” dated May 15, 2018, wherein he stipulates that he wishes to be removed to
Iraq and that the preliminary injunction in Hamama will no longer prevent that
removal. (See doc. 9.) The magistrate judge recommended dismissal of this action
without prejudice, however, because Petitioner has not demonstrated that he (or
class counsel on his behalf) has submitted the aforementioned “Detainee
Stipulation to Prompt Removal to Iraq” with a request to be removed from the
subclass to the U.S. District Court for the Eastern District of Michigan, or that the
Michigan court has issued a stipulated order removing Petitioner from the subclass
and, thus, from the stay of removal.
Contrary to the report of the magistrate judge, this Court is of the opinion
that Petitioner’s pleading entitled “Detainee Stipulation to Prompt Removal to
Iraq” (doc. 9 at 7) is sufficient to be considered Petitioner’s statement of his intent
to withdraw from the subclass.
Respondent is thus ordered to SHOW CAUSE within fourteen (14) days
from the date of entry of this Order as to why that should not be the case, and as to
why this action should not continue to proceed on Petitioner’s claims.
The Clerk is directed to forward a copy of the foregoing to Petitioner.
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DONE and ORDERED on September 18, 2018.
_____________________________
L. Scott Coogler
United States District Judge
160704
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