Habtegaber v. Jenifer

MEMORANDUM OPINION AND ORDER

GADOLA, District Judge.

Before the Court is Petitioner Benyam Habtegaber’s petition for a writ of habeas corpus and complaint for declaratory and injunctive relief [docket entry 1]. Pursuant to Local Rule 7.1(e)(2), the Court has determined that a hearing would not aid significantly in the disposition of the peti tion. For the reasons set forth below, the Court shall conditionally grant the petition.

I. BACKGROUND

Petitioner, a citizen of Ethiopia, entered the United States on November 30, 1990 as a refugee. On August 26, 1992, Petitioner’s status was adjusted to that…