McLeary v. (INS) Currently DHS office of U.S.C.I.S.
Petitioner: Aston R. McLeary
Respondent: (INS) Currently DHS office of U.S.C.I.S.
Case Number: 6:2011cv06275
Filed: June 1, 2011
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Genesee
Presiding Judge: David G. Larimer
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 21, 2012 Opinion or Order Filing 13 ORDER: Respondents Motion to Dismiss, or Alternatively for Summary Judgment (11-CV-6075, Dkt. #7) and Motion to Dismiss for Failure to State a Claim and for Lack of Jurisdiction (11-CV-6275, Dkt. #5) are granted. The Petitions (11-CV-6075, Dkt. #1 & 11-CV-6275, Dkt. #1) are dismissed without prejudice. Petitioners Motion for an Order to Show Cause (11-CV-6075, Dkt. #15) is dismissed with prejudice. Because Petitioner has failed to make a substantial showing of the denial of a constitutional righ t, the Court declines to issue a certificate of appealability. The Clerk of the Court is directed to enter judgment for Respondent in 11-CV-6075(MAT) and in 11-CV-6275(MAT), and to close both cases. *CLERK TO FOLLOW UP*. Signed by Hon. Michael A. Telesca on 3/21/12. (JMC)
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Petitioner: Aston R. McLeary
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Respondent: (INS) Currently DHS office of U.S.C.I.S.
Represented By: Gail Y. Mitchell
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