Makarian

Makarian v. Turnage

Good Law
624 F. Supp. 181
United States District Court, Southern District of CaliforniaNovember 7, 1985Civ. 85-2194-K(IEG)California1,826 words

Opinion

Opinion

Keep, J.

ORDER

Petitioner, Mohammad Markarian, is being held without bail by the Immigration and Naturalization Service (INS) pending completion of deportation proceedings presently before the Ninth Circuit. Petitioner filed a petition on September 13, 1985, seeking habeas corpus relief in the federal court. This order denies the petition.

PROCEDURAL HISTORY

Petitioner, a native and citizen of Iran, entered the United States on August 6, 1977 as a nonimmigrant student, attending Donnelly College in Kansas City, Kansas. Following his marriage to Maria Ann Franco, a United States citizen, petitioner’s status was adjusted to that of a permanent resident on August 24, 1978 and petitioner received his alien registration card (green card).

According to petitioner’s wife, within two weeks of receiving his green card, petitioner beat his wife and threw her out of their apartment. Administrative Record [hereinafter cited as AR] 213. Petitioner’s wife filed for annulment alleging that petitioner married her only to obtain his green card. AR 215. Petitioner, however, then sought a divorce, the decree of divorce becoming final on June 11, 1979.

Although the record is not entirely clear,…

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