JEAN-HENRIQUEZ v. DEPARTMENT OF HOMELAND SECURITY

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 65, Report and Recommendation of the Magistrate Judge, recommending that Doc. 20, the Amended Petition for Writ of Habeas Corpus filed by LIBRUN JEAN-HENRIQUEZ be DISMISSED without prejudice. Objections to Report and Recommendation were due by 4/18/2006, but none were filed. The Court agrees that Petitioner's current detention is lawful under Demore v. Kim, 538 U.S. 510, 123 S.Ct. 1708, 155 L.Ed.2d 724 (2003), and Petitioner also cannot state a claim under Zadvydas v. Davis, 533 U.S. 678, 121 S.Ct. 2491, 150 L.Ed.2d 653 (2001) because the removal period has neither expired nor begun. Accordingly, it is hereby

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.

2. This action is DISMISSED, and the clerk is directed to close the file.

DONE AND ORDERED.