Tam

MEMORANDUM AND ORDER

Respondent Immigration and Naturalization Service (the “INS” or “government”) seeks review of an order releasing Petitioner Truong Thanh Tam (“Truong” or “petitioner”) from INS custody pending a ruling on Truong’s petition for a writ of habeas corpus. The order releasing Truong on conditions was entered by United States Magistrate Judge Gregory G. Hollows on May 26, 1998, and stayed pending this court’s ruling on the government’s Motion for Reconsideration.

The court deems the Order of May 26, 1998, to be the magistrate judge’s finding and recommendations concerning petitioner’s application for release pending resolution of his petition for habeas corpus. For the reasons set forth below, the court adopts the magistrate judge’s findings and recommendations and grants petitioner’s conditional release pending resolution of his petition for habeas corpus. The government’s motion for reconsideration is denied as moot, and the government’s request for a stay pending appeal of this Order is denied.

FACTUAL BACKGROUND

Petitioner is a native and citizen of Vietnam. He arrived in the United States as a refugee on November 11,1975. While residing in Anchorage,…