Ali v. Immigration & Naturalization Service

Filing 2

RULING AND ORDER dismissing 1 PETITION for Writ of Habeas Corpus / INS. Signed by Judge Robert N. Chatigny on 03/23/07. (Grady, B.)

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Ali v. Immigration & Naturalization Service Doc. 2 Case 3:07-cv-00419-RNC Document 2 Filed 03/23/2007 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT HAZIM ALI, Petitioner, V. IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent. : : : : : : : : : : : : CASE NO. 3:07-CV-419 (RNC) RULING AND ORDER Petitioner, proceeding pro se, brings this habeas petition seeking release from confinement pending removal to Iraq. See 8 U.S.C. 1231(a)(6) (2000); Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Petitioner alleges that his removal from the United States was ordered on September 6, 2006, that he has been detained in Franklin County Jail in St. Albans, Vermont pursuant to a sentence for violation of state criminal law, that he completed his sentence for said violation on February 24, 2007, and that he continues to be detained pending removal to Iraq. Ordinarily, a petition for writ of habeas corpus must be brought in the district where the petitioner is confined, and must name as respondent typically the the individual warden of who the has custody of the the petitioner, facility where petitioner is in custody. See 28 U.S.C. 2241-2243 (2000); Because petitioner is the Court lacks Rumsfeld v. Padilla, 542 U.S. 426 (2003). confined within the District of Vermont, Case 3:07-cv-00419-RNC Document 2 Filed 03/23/2007 Page 2 of 2 jurisdiction over the petition. Accordingly, the petition is dismissed without prejudice so that petitioner may properly file his petition in the District of Vermont. It is further ordered that a copy of the petition and this order be served by the United States Marshal on respondent's representative, Kevin J. O'Connor, United States Attorney, Connecticut Financial Center, 157 Church Street, New Haven, CT 06508, on or before April 15, 2007. So ordered. Dated at Hartford, Connecticut this 23rd day of March 2007. /s/ Robert N. Chatigny United States District Judge 2

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