Hatami v. Chertoff

MEMORANDUM OPINION

ELLIS, District Judge.

In this habeas action, petitioner, Habib U. Hatami, challenges an Immigration Judge’s decision to deny him bond during the pendency of his removal proceedings. Respondent has moved to dismiss petitioner’s suit for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1), Fed. R.Civ.P. In essence, respondent argues there is no jurisdiction over petitioner’s request because(i)8 U.S.C. § 1252(a)(2)(B)(ii) bars judicial review of decisions committed to agency discretion;(ii) 8 U.S.C. § 1226(e) bars judicial review of any aspect of a bond decision by…