No. CV 07-2101-PHX-NVW (LOA).
May 2, 2008
Before the court is Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (doc. #1). On April 16, 2008, United States Magistrate Judge Lawrence O. Anderson issued a Report and Recommendation ("R R") (doc. # 16) in accordance with 28 U.S.C. § 636(b)(1)(B). The R R recommended that the petition be granted unless within 30 days of the order of the district court Respondent provides Petitioner with a hearing before an Immigration Judge with the authority to grant Petitioner bail. Petitioner filed a statement of no objection, acquiescing in the recommendation of the Magistrate Judge (doc. # 17).
In the present absence of adversity of positions, the court deems it inappropriate to accept the Report and Recommendation as to its statements of law in every respect. Therefore, the R R will be accepted only as to the proposed relief, concerning which the parties now agree. See 28 U.S.C. § 636(b)(1).
IT IS THEREFORE ORDERED that the Report and Recommendation of Magistrate Judge Anderson (doc. #16) is accepted only as to the proposed relief stated at page 19, lines 8 through 13.
IT IS FURTHER ORDERED that the Clerk of the Court enter judgment that Petitioner's Petition for Writ of Habeas Corpus (doc. # 1) is granted unless Respondent provides Petitioner with a hearing before an Immigration Judge with the authority to grant Petitioner bail within 30 days of entry of judgment. Respondent shall file a status report every thirty days until Petitioner is granted a bond hearing.
The Clerk shall terminate this action.