Sok
Nouy Sok v. Immigration & Naturalization Service
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
Petitioner Nouy Sok, an Immigration and Naturalization Service (“INS”) detainee, filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Petitioner contends that his continued detention violates his due process rights guaranteed under the Fifth Amendment.
Petitioner was ordered deported to Cambodia on June 10, 1996, following his conviction of two crimes involving moral turpitude not arising out of a single scheme of criminal misconduct. 8 U.S.C. § 1227 (a)(2)(ii). Petitioner has been detained by the INS since April 10, 1996. The Cambodian Government has refused the INS’s request for travel documents for petitioner. Petitioner has been in INS custody awaiting repatriation for over three years.
The matter was referred to Magistrate Judge Gregory G. Hollows pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local General Order No. 262. The magistrate judge found that petitioner’s detention violated his due process rights under the Fifth Amendment, and therefore, recommends that his petition for writ of habeas corpus be granted. After conducting a de novo review pursuant to Fed.R.Civ.P. 72(b), the court adopts the magistrate judge’s…