Chan v. Kane

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION. The Magistrate Judge's 10 Report and Recommendation is accepted and adopted by the Court; Petitioner's Petition for Writ of Habeas Corpus is denied and dismissed with prejudice. Signed by Judge Paul G Rosenblatt on 6/6/11. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Sam Chan,

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Petitioner,
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v.
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Katrina Kane,
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Respondent.
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___________________________ )

CV 11-166-PHX-PGR (MEA)
ORDER

Currently before the Court is the Report and Recommendation of Magistrate Judge
Aspey (Doc. 10) based on Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to
28 U.S.C. § 2241. Petitioner alleges that he has been detained in excess of the six-month
period held to be presumptively reasonable in Zadvydas v. Davis, 533 U.S. 678 (2001), and
that there is no significant likelihood of removal in the reasonably foreseeable future.1
Having reviewed de novo the Petition, the Report and Recommendation of Magistrate Judge
Aspey, Petitioner’s objections thereto and Respondent’s reply, the Court finds that
Petitioner’s objections lack merit. Specifically, the Court agrees with the Magistrate Judge’s
finding that “Petitioner has not established that his particular circumstances make it unlikely
that he will be removed in the reasonably foreseeable future.”2 (Doc. 10 at 8.)

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On March 25, 2010, Petitioner was taken into custody as a removable alien under
section 237(a)(2)(B)(i) of the INA, 8 U.S.C. § 1227(a)(2)(B)(i). The removal period
commenced on May 5, 2010, when Petitioner was ordered removed to Cambodia.
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Respondent indicates that Petitioner “is on the Cambodian approved travel
document list and that his travel document will be forthcoming.” (Doc. 13, Ex. 14.)

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Accordingly,

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IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation

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(Doc. 10) is ACCEPTED and ADOPTED by the Court.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas Corpus
(Doc. 1) is DENIED and DISMISSED with prejudice.
DATED this 6th day of June, 2011.

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