Kumar

Kumar v. Gonzales

Good Law
555 F. Supp. 2d 1061·2008 WL 1995118·2008 U.S. Dist. LEXIS 94135
United States District Court, Northern District of CaliforniaMay 6, 2008C 07-6391 CWCalifornia2,038 words

Opinion

Opinion

Wilken, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner Raghuvinder Kumar brings this action seeking a writ of habeas corpus under 28 U.S.C. § 2241 , claiming that his detention by U.S. Immigration and Customs Enforcement (ICE) violates the Immigration and Nationality Act (INA) and is unconstitutional. Respondents Emilio T. Gonzales, Michael Chertoff and Michael Mukasey oppose the petition. The matter was taken under submission on the papers. Having considered all of the papers submitted by the parties, the Court denies the petition.

BACKGROUND

Petitioner is an Indian national. He entered the United States in 2000 and applied for asylum thereafter. An immigration judge denied his application in 2006 and he was ordered removed to India. Petitioner appealed this decision to the Bureau of Immigration Appeals (BIA). He was subsequently convicted of a misdemeanor under state law and was incarcerated in the Santa Clara County Jail. The U.S. Immigration and Customs Enforcement (ICE) learned of Petitioner’s incarceration and determined that he should be taken into custody upon his release from jail, pending a decision on his appeal to the BIA.

On or about May 9, 2007, ICE served…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.