Straube
Straube v. Chertoff
Opinion
Opinion
Miller, J.
ORDER PARTIALLY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND ORDERING BAIL HEARING WITHIN 60 DAYS
Petitioner Wilhelm Straube, a Guatemalan native, filed a petition for writ of habe-as corpus pursuant to 28 U.S.C. § 2241 challenging his federal detention. The court granted Petitioner’s motion to proceed in forma pauperis and motion for appointment of counsel. For the reasons set forth below, the court hereby GRANTS the petition in part and ORDERS Respondents to provide Petitioner with a bail hearing.
I. BACKGROUND
Petitioner unlawfully entered the United States in 1976. (See Return, Exhs. at 2 (Order to Show Cause dated Oct. 19, 1988).) On October 20, 1987, he was convicted of three counts of burglary and sentenced to six years in prison. (See id. at 1 .) On August 24,1995, he was convicted of unlawful taking of a vehicle. (See id. at 14 .) On June 9, 1998, he was convicted of petty theft with a prior and sentenced to six years in prison. (See id. at 7-13 .) Respondents took Petitioner into custody on January 26, 2004, upon his release from prison. Petitioner remains in their custody.
On July 22, 2004, an immigration judge (“IJ”) ordered Petitioner deported to Guatemala.…