IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 06cv00936MSKBNB
ISSAC KALULE,
Petitioner,
v.
DOUGLAS MAURER, Acting District Director, United States Immigration and Customs
Enforcement,
Respondent.
______________________________________________________________________________
ORDER SETTING HEARING AND DIRECTING RESPONSE
______________________________________________________________________________
THIS MATTER comes before the Court pursuant to the Petitioner’s Petitioner for
Issuance of an Emergency Temporary Restraining Order (# 2).
The Respondent shall file a Return to the Petition on or before Friday, May 26, 2006.
The Court will conduct a nonevidentiary hearing on Tuesday, May 23, 2006 at 10:00
a.m. for the purpose of determining whether an evidentiary hearing is necessary. At the hearing,
counsel shall be familiar with and prepared to address generallly all issues presented in the Petition
and request for Temporary Restraining Order, and shall be specifically prepared to address the
following issues:
1.
Whether a stay of deportation must be sought from United
States Court of Appeals for the 10th Circuit and the Board
of Immigration Appeals where appeals are currently
pending?
2.
Whether an alleged violation of 8 C.F.R. § 208.6 in the
circumstances presented here gives rise to a independent
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Kalule v. Maurer
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claim for violation of Due Process, or whether the matter is
simply a basis for seeking to reopen the asylum adjudication
and/or appeal any such denial of reopening to the Court of
Appeals?
3.
If an alleged violation of 8 C.F.R. § 208.6 gives rise to an
independent claim for violation of Due Process, what is the
appropriate forum for adjudication of such a claim?
Dated this 19th day of May, 2006
BY THE COURT:
Marcia S. Krieger
United States District Judge
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