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KODURI v. ASHCROFT

United States District Court, Northern District of California


August 25, 2003

ABHIJIT KODURI, PETITIONER,
v.
JOHN ASHCROFT, ATTORNEY GENERAL; CHARLES H. DEMORE, DISTRICT DIRECTOR, U.S. IMMIGRATION & NATURALIZATION SERVICE; & BOARD OF IMMIGRATION APPEALS, RESPONDENTS

The opinion of the court was delivered by: Martin Jenkins, District Judge

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

On April 12, 2002, the Court issued an Order Denying Application for Temporary Restraining Order, which denied petitioner's request for a restraining order to compel the Immigration and Naturalization Service to stay his removal pending the adjudication of his habeas petition. Included in this Order was an Order to Show Cause, directing petitioner to show cause why his habeas petition should not be dismissed, as the factual allegations and legal arguments that undergirded his application for a temporary restraining order were the same as those supporting his petition for habeas corpus relief. Because petitioner was under the impression that the April 11, 2002 Order addressed his habeas case as well, he failed to respond to the Order to Show Cause. "The Court's April 12, 2002 order addressed the merits of the Petitioner's habeas petition and the [ Page 2]

Petitioner had included all arguments in his habeas petition and reply to the Respondent's opposition to the temporary restraining order." (Petitioner's Reply to Order to Show Cause at 1.) In light of the failure to respond, respondent filed a motion to dismiss the habeas petition for failure to prosecute. The Court ordered petitioner to show cause a second time, on October 3, 2002. In his response to the second Order to Show Cause, petitioner concedes that the merits of his habeas petition were fully adjudicated in his application for temporary restraining order. (See id.) For this reason, through incorporation of the analysis and holding of the April 12, 2002 Order, petitioner's petition for writ of habeas corpus is hereby DENIED. [ Page 1]

20030825

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