Alikhani

Alikhani v. Fasano

Good Law

70 F. Supp. 2d 1124·1999 WL 792400·1999 U.S. Dist. LEXIS 20570

United States District Court, Southern District of CaliforniaJuly 19, 19993:99-cv-00538California6,134 words

Opinion

Keep, J.

ORDER DENYING WRIT OF . HABEAS CORPUS

On March 19, 1999 petitioner Alireza Alikhani, through counsel, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (“Petition”). Petitioner is a native and citizen of Iran who became a lawful permanent resident of the United States on October 2, 1998. On April 26, 1999, respondents filed a return in opposition to the petition. Respondents filed a notice of lodgment regarding subject matter jurisdiction on May 18, 1999. In addition to a traverse, petitioner moved to strike the lodgment, or in the alternative, to file a supplemental brief in response. Petitioner’s alternative request was granted and petitioner filed a supplemental brief on June 11, 1999. On June 18, 1999, petitioner requested oral argument.

I. Background

Petitioner is currently being held by INS without bond pursuant to the mandatory detention provision codified at 8 U.S.C. § 1226 (c). On April 22, 1997, petitioner pled guilty and was convicted of possession of methamphetamine for sale, an enhancement for having a firearm in the house, and of a charge of possession of phone cloning equipment. See Petition at ¶ 10. Petitioner was given a suspended…

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