Khan

Khan v. Fasano

Good Law
194 F. Supp. 2d 1134·2001 WL 1830081·2001 U.S. Dist. LEXIS 24166
United States District Court, Southern District of CaliforniaDecember 21, 20013:01-cr-00912California1,838 words

Opinion

Opinion

Keep, J.

ORDER GRANTING RESPONDENT’S MOTION TO ALTER OR AMEND JUDGMENT [15]

ORDER DENYING PETITIONER’S PETITION FOR WRIT OF HABEAS CORPUS [1]

ORDER DENYING PETITIONER’S MOTION TO COMPEL [17]

On October 26, 2001, the Court granted Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and ordered Petitioner released subject to reasonable conditions of supervision as determined by the INS. Pursuant to the Court’s order, which authorized reasonable conditions of release, including bail, the INS imposed a $3000 bail requirement on Mr. Khan on November 5, 2001. Unable to meet that amount, he has remained in INS custody. On November 13, 2001, Respondent filed the instant motion to alter or amend the Court’s judgement. That same day, Petitioner filed the instant motion to compel Respondent to release him pursuant to the Court’s order, specifically without imposition of bail.

1. Background

A. Facts as of the Court’s October 26, 2001 Order

Petitioner, a native of Pakistan, is a former lawful permanent resident who is subject to deportation as a result of a criminal conviction for possession of methamphetamine. He entered INS custody on April 14, 1999. On February 24,…

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