Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:02-cv-01393-DJS

Document 25

Filed 05/17/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MOHAMMAD ANEES, Petitioner v. ATTORNEY GENERAL JOHN ASHCROFT, Respondent : : : : : : : : : :

DOCKET NO. 3:02-CV-1393 (DJS)

May 13, 2004

MOTION TO STAY PROCEEDINGS The Respondent, John Ashcroft, 1 respectfully submits this motion to stay discovery and to stay a hearing on petitioner's derivative citizenship claim pending a decision by the Court on the Respondent's claim that the Court lacks jurisdiction to entertain the petitioner's habeas claims. Moreover, the Respondent requests that the Court also stay this matter because the issue of whether petitioner's citizenship claim may be brought in the district court in the first instance or whether it must first be brought in the Court of Appeals is currently on appeal at the United States Court of Appeals for the Second Circuit in Lee v. Ashcroft, Docket Nos. 03-2522, 03-2529. Considerable time and expense will be saved by entry of a stay

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On March 1, 2003, the Immigration and Naturalization Service ("INS") was abolished and its functions transferred to three bureaus within the Department of Homeland Security. The enforcement functions of INS were transferred to the Bureau of Immigration and Customs Enforcement ("BICE") within the Department of Homeland Security, an agency headed by Tom Ridge.

Case 3:02-cv-01393-DJS

Document 25

Filed 05/17/2004

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pending a decision by the Court of Appeals.

As such, the

Respondent respectfully requests that the Court stay this case pending a decision by this Court on the jurisdictional grounds raised by the Respondent as well as a decision by the Second Circuit on the citizenship issue. Petitioner's counsel has no objection to the filing of the motion for stay but objects to the relief sought by the Respondent.

Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

By:

_____________________________ DOUGLAS P. MORABITO ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct20962 157 Church Street, 24th Floor New Haven, CT 06510

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Case 3:02-cv-01393-DJS

Document 25

Filed 05/17/2004

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CERTIFICATE OF SERVICE I hereby certify that a copy of the attached has been served upon petitioner this 13th day of May 2004, by mailing a copy thereof, to: Roberto T. Lucheme, Esq. 41 Hebron Avenue Glastonbury, CT 06033 Attorney for Petitioner

___________________________ Douglas P. Morabito