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Case 1:05-cv-02047-BEL Document 18 Filed 01/25/06-Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ARTHUR BEN-CAREW, Petitioner * * v. CIVIL NO. L-05-2047 * WARDEN, Respondent.
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I find that Arthur Bankcard s proposed stay of removal should not be granted. 1. Petitioner s emergency motion for stay of removal of petitioner Arthur Bankcard shall be granted only when all parties are given the opportunity to file their brief in conjunction with the emergency motion. 2. Petitioner s emergency motion for other relief shall contain detailed information regarding the allegations and evidentiary base of the request for relief. 3. Petitioner s initial motion for habeas corpus relief pursuant to 28 U.S.C. 2254 (the “Areas Motion”), will be filed on behalf of Petitioner. The Areas Motion shall include an affidavit stating that all evidence in the case against Petitioner has been submitted to and is incorporated to the fullest extent by reference into this Memorandum Opinion. This information shall be provided in response to the motion for emergency stay of removal filed by Petitioner today, which was not served on the Respondent today. In addition, on the afternoon of May 25, the Respondent served this Motion for Stay of Removal on Petitioner, and the Notice of Proposed Order granting the Respondent s motion shall be filed by noon, May 27, 2007. 4. A petition for habeas corpus relief pursuant to 28 U.S.C. 2254 (the “Areas Motion”) shall not be filed until at least 10 days after the Hearing Board has issued its oral decision, unless the party filing the motion requests an extension. In that case, the party requesting the extension shall have 72 hours to file its motion and submit, in writing, a copy of the relevant documents relied upon and supporting facts to support the motion. The Motion shall be filed within 90 days of the Hearing Board's issuance of its decision. The motion for habeas corpus shall be accompanied by any and all motions, requests, and exhibits related to the case at the time of filing, except for documents that may be privileged or otherwise exempt from public disclosure. 5. A motion to grant an extension of time is limited to two months of extension from the due date of the motion. An extension shall be granted only if the parties are advised of the possibility of an extension and are given the opportunity to file a brief in conjunction with the extension request. 6. It is understood that this Memorandum Opinion will be made a part of the record on petition for habeas corpus relief. (Docket No. 1.) 7.

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