Beydoun v. United States Attorney General et al

Filing 5

ORDER DISMISSING CASE without prejudice Signed by Honorable Gerald E Rosen. (LSau, )

Beydoun v. United States Attorney General et al

Doc. 5

Case 2:05-cv-74278-GER-RSW

Document 5

Filed 11/09/2005

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FOUAD YOUSSEF BEYDOUN, Petitioner, vs. ALBERTO GONZALES, U.S. ATTORNEY GENERAL, and CAROL JENFIER, DISTRICT DIRECTOR, DEPARTMENT OF HOMELAND SECURITY, Respondents. _____________________________________/ ORDER OF DISMISSAL, WITHOUT PREJUDICE At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on November 9, 2005 PRESENT: Honorable Gerald E. Rosen United States District Judge This matter having come before the Court pursuant to an Order to Show Cause regarding Plaintiff Faoud Youssef Beydoun's Petition for a Writ of Habeas Corpus and Complaint for Declaratory Injunctive Relief and Emergency Motion for Temporary Restraining Order to enjoin his removal from the United States; and the Court having reviewed Plaintiff's pleadings and the Government's Response to the Order to Show Cause, and being otherwise fully advised in the premises, NOW, THEREFORE, for the reasons stated by the Court on the record this date, the
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No. 05-CV-74278-DT Hon. Gerald E. Rosen

Dockets.Justia.com

Case 2:05-cv-74278-GER-RSW

Document 5

Filed 11/09/2005

Page 2 of 2

Court concludes that, pursuant to Section 242 of the Immigration and Nationality Act, 8 U.S.C. § 1242, as amended by Section 106(a) of the REAL ID Act of 2005, Pub. L. No. 10913, Div. B, 119 Stat. 231, it lacks jurisdiction to consider this matter. Accordingly, IT IS HEREBY ORDERED that this case is DISMISSED, without prejudice.

s/Gerald E. Rosen Gerald E. Rosen United States District Judge Dated: November 15, 2005

I hereby certify that a copy of the foregoing document was served upon counsel of record on November 15, 2005, by electronic and/or ordinary mail. s/LaShawn R. Saulsberry Case Manager

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