Professional Documents
Culture Documents
failing to state a claim upon which relief can be granted and for
1
See 28 U.S.C. § 517 (providing for the appearance of the
Department of Justice “to attend to the interests of the United
States in a suit pending in a court of the United States”).
1
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Respectfully submitted,
2
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I. Introduction
2
See 28 U.S.C. § 517 (providing for the appearance of the
Department of Justice “to attend to the interests of the United
States
3
in a suit pending in a court of the United States”).
See Petition, p.5 (asserted that petitioner was arrested and
detained by DHS officers on July 19, 2007).
3
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one month pending execution of his removal order, much less for
4
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hearing, the Court scheduled another hearing for August 10, 2007.
III. Argument
20, 23 (1st Cir. 1990). “The accepted rule [is] that a complaint
5
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Berkshire Life Ins. Co., 142 F.3d 507, 508 (1st Cir.1998). The
Alternative Energy, Inc. v. St. Paul Fire and Marine Ins. Co.,
267 F.3d 30, 33 (1st Cir. 2001) (quoting Watterson v. Page, 987
6
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States, 284 F.3d 281, 288 (1st Cir. 2002); Dynamic Image Techns.,
Inc. v. United States, 221 F.3d 34, 37 (1st Cir. 2000); Miller v.
George Arpin & Sons, Inc., 949 F. Supp. 961, 966 n. 8 (D.R.I.
7
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him from custody and for an order staying his removal from the
1
Even if this were a motion to dismiss for failure to state
claim, the documents attached hereto could be considered by the
Court without converting the instant motion to a motion for
summary judgment. “[D]ocuments the authenticity of which are not
disputed by the parties; . . . official records; . . . documents
central to plaintiffs' claim; or . . . documents sufficiently
referred to in the complaint," are not matters outside of the
pleadings such as to require conversion of a motion into a
summary judgment motion. Alternative Energy, Inc. v. St. Paul
Fire and Marine Ins. Co., 267 F.3d 30, 33 (1st Cir. 2001)
(quoting Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993)
(emphasis added)).
11
8
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9
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Id. at 1118.
111
See The Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005, (H.R. 1268),
which includes the REAL ID Act of 2005 (“RIDA”), Division B of
Title VII of H.R. 1268, 109th Cong. (2005), Pub. L. No. 109-13,
Div.
1111
B, 119 Stat. 231.
Amendments made by Section 106(a)(3) RIDA to INA section 242(g):
10
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(emphasis added).
pending case there. Tejada v. Cabral, 424 F.Supp.2d 296, 298 (D.
11
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decision from the BIA, he may file a petition for review of that
12
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* * *
(ii) any other decision or action of the Attorney
General or the Secretary of Homeland Security the
authority for which is specified under this title to be
in the discretion of the Attorney General or the
Secretary of Homeland Security other than the granting
of relief under section 1158(a) of this title.
(emphasis added).
13
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St. Fort v. Ashcroft, 329 F.3d 191, 202 (1st Cir. 2003) (“[t]he
CONCLUSION
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Respectfully submitted,
CERTIFICATE OF SERVICE
15
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August 8, 2007
Dear Sirs:
May this correspondence serve as our formal request for a setting of bond as it relates to Hiu Liu Ng
(A73 558 364). Our reason for this request are based upon the following:
1. Hiu Liu NG has been in the United States for over fifteen (15) years. He has been a resident of
New York, New York since February 6, 1992.
2. Hiu Liu NG married Ms. Lin Li Qu, a U.S. citizen, on February 9, 2001. Hiu Liu NG and his wife
have two children, both born in the United States. Their first child is Raymond Ng; he was born on
November 20, 2004 in New York. Their second child, Johnny Ng, is only nine-months-old; he was
born on October 16, 2006, also in New York. In addition, due to his long presence in the United
States, most of his friends and relatives are American citizens, living in the U.S.
3. Hiu Liu NG is gainfully employed by J&M Computer Consulting, Inc., a company owned by his
wife. Hiu Liu NG graduated from high school and college in the United States. He has an associate
degree in applied science of electronics engineering technology, and he has received a certificate of
excellence awarded by Microsoft. As a qualified systems engineer, the Hiu Liu NG has much to
contribute to the community.
4. Hiu Liu NG and his wife are owners of real property in Whitestone, New York. Hiu Liu NG
dutifully has been making timely mortgage payments. They also maintain a bank account and
have a sufficient amount of savings so that Hiu Liu NG will not become a public charge.
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5. Due to the length of time Hiu Liu NG has been in the United States, together with the fact that his
wife and children reside within the United States, and that Hiu Liu NG is gainfully employed in the
United States, Hiu Liu NG possess substantial ties to the community and is not a risk for flight.
6. Removing Hiu Liu NG from the United States will no doubt cause severe economical and emotional
hardship for his family. His wife depends on him to run the computer company for financial
support. His children, still in their tender years, certainly need the Hiu Liu NG’s moral guidance
and spiritual support.
7. Considering the above positive factors, Hiu Liu NG has substantial ties to the United States, and
the release of him is clearly warranted.
Whereby, based upon the circumstances surrounding this case as listed above, please consider
setting Hiu Liu NG’s bond in the amount of two thousand dollars ($2,000.00).
Thank you for your assistance and consideration, and I await your reply.
Sincerely,
SDD/crb
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