United States District Court, D. New Jersey
August 10, 2005.
LEON EDGAR, Petitioner,
DEPARTMENT OF HOMELAND SECURITY, et al., Respondents.
The opinion of the court was delivered by: FAITH HOCHBERG, District Judge
Petitioner, Leon Edgar, has filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. It appears that:
1. On December 21, 2004, Petitioner filed the instant petition
for a writ of habeas corpus, arguing that he was denied due
process in the course of his immigration case and that the
immigration courts charged him with a removable offense which
should not have been so considered.
2. On April 28, 2005, this Court directed Respondents to answer
the Petition. On May 17, 2005, Respondents submitted a letter and
proposed Order requesting that this matter be transferred to the
United States Court of Appeals for the Third Circuit, pursuant to
the REAL ID Act, Pub.L. No. 109-13, 119 Stat. 231 (May 11,
3. On July 7, 2005, this Court entered an Order directing
Petitioner to show cause as to why the matter should not be
transferred. Petitioner has not responded to the Order. The copy of the Order sent to Petitioner was returned to the Court
marked "undeliverable" by the post office. Petitioner has not
informed the Court of an address change, as required by Local
Civil Rule 10.1(a).
IT IS ON THIS 10th day of August, 2005;
ORDERED that, in accordance with this Court's July 7, 2005
Order, the Clerk of the Court shall transfer this case to the
Court of Appeals for the Third Circuit, pursuant to the REAL ID
Act of 2005; and it is further
ORDERED that the Clerk of the Court shall close the file in
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