Kumar
Kumar v. Gonzales
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.