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05-429 - Quang v. INS


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05-429 - Quang v. INS
September 26, 2005
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ORDER (HABEAS CORPUS) granting 2 Motion for Leave to Proceed in forma pauperis. Petitioner is excused from paying the filing fee. Signed by Magistrate Judge F. A. Gossett on 9/26/2005. (JAR)
October 3, 2005
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ORDER ON INITIAL REVIEW - The Clerk of Court shall send copies of this Order and copies of the Petition for Writ of Habeas Corpus to the Attorney General of the United States, the Assistant Secretary of the United States Bureau of Immigration and Customs Enforcement, and the Secretary of the United States Department of Homeland Security, all in care of Michael G. Heavican, the United States Attorney for the District of Nebraska. Upon initial review of the section 2241 petition, the court concludes that summary dismissal of the section 2241 petition is not appropriate. B y October 14, 2005, the respondent(s) shall answer or otherwise respond to the section 2241 petition. By October 31, 2005, the petitioner may reply to the response filed by the respondent(s). COPIES MAILED AS ORDERED. Signed by Magistrate Judge F. A. Gossett on 10/3/2005. (GJG, )
March 27, 2006
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MEMORANDUM AND ORDER denying 9 Motion to Dismiss. The petitioner shall have until April 26, 2006 to notify the court in writing whether or not he wishes to pursue a challenge to the order of removal or deportation on which the detainer against him is based. In the absence of a timely response, this case will be dismissed without prejudice for the reasons discussed above. Signed by Judge Richard G. Kopf on 3/27/2006. (GJG, )
April 28, 2006
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MEMORANDUM AND ORDER that in filing no. 13, I advised the petitioner that in the absence of a timely response regarding whether he wished to proceed with a challenge to the order of removal or deportation, this case would be dismissed without prejudice. There has been no response by the petitioner, and the deadline has now expired. Therefore, the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241 by the petitioner and the above-entitledaction will be dismissed without prejudice. A separate judgment will be enteredaccordingly. Signed by Judge Richard G. Kopf on 4/28/2006. (CS, )