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07-105 - Miechkota v. Department of Homeland Security et al


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07-105 - Miechkota v. Department of Homeland Security et al
January 31, 2008
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REPORT AND RECOMMENDATION by Magistrate Judge Karen K. Klein re 11 MOTION to Dismiss Petition for Writ of Habeas Corpus for Lack of Jurisdiction and 8 MOTION for Stay of Removal filed by Peggy Suzanne Miechkota. (NJM)
March 10, 2008
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ORDER by Judge Ralph R. Erickson adopting 22 Report and Recommendation; denying 8 Motion to Stay Removal; and granting 11 Motion to Dismiss for Lack of Jurisdiction. Miechkota's Petition for Writ of Habeas Corpus asserting a claim to United States citizenship is DISMISSED for lack of subject matter jurisdiction. To the extent Miechkota's Petition may be construed as a challenge to her post-removal-period detention without bond, this Court does have jurisdiction to review her claim, and the Petition is DENIED. (KMS)