Stevens v. Holder et al, No. 4:2012cv01868 - Document 12 (N.D. Ala. 2013)

Court Description: MEMORANDUM OPINION After careful consideration of the record in this case and the magistrate judges report and recommendation, the court ADOPTS the magistrate judges report and ACCEPTS his recommendations that the court should deny the petition for writ of habeas corpus. Signed by Judge Karon O Bowdre on 2/5/13. (SAC )
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FILED 2013 Feb-05 AM 10:08 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ALOYSIUS STEVENS, Petitioner v. ERIC H. HOLDER, et al., Respondents ) ) ) ) ) ) ) ) ) Case No. 4:12-cv-01868-KOB-HGD MEMORANDUM OPINION The petitioner, Aloysius Stevens, an alien subject to a final order of removal, is currently detained in the Etowah County Detention Center in Gadsden, Alabama. The petitioner alleges in his habeas petition that the U.S. Immigration and Customs Enforcement (ICE) has unlawfully detained him for more than six months from the start of his removal period and that no significant likelihood of his removal in the reasonably foreseeable future exists. (Docs. 1 & 2). The petitioner seeks his release pursuant to 28 U.S.C. ยง 2241. On January 15, 2013, the magistrate judge entered a report recommending that the court deny this habeas petition because the petitioner failed to show that no significant likelihood of his removal in the reasonably foreseeable future exists. (Doc. 10). Neither party filed any objections.1 After careful consideration of the record in this case and the magistrate judge s report and recommendation, the court ADOPTS the magistrate judge s report and ACCEPTS his recommendations that the court should deny the petition for writ of habeas corpus. The court finds that under the totality of the circumstances in this case, the petitioner s detention is lawful; the petitioner failed to show that no significant likelihood of removal in the reasonably foreseeable future exists. The court will enter a separate order in conformity with this Memorandum Opinion. DONE and ORDERED this 5th day of February, 2013. ____________________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE 1 A copy of the report and recommendation mailed to petitioner at his last known address was returned to the court with the notation Return to Sender Not Deliverable As Addressed, Unable to Forward No Longer Here. See Doc. 11. Petitioner has not provided the court with an updated address. Page 2 of 2