Free Writ of Habeas Corpus ad prosequendum - District Court of Delaware - Delaware

Case 1:05-cr-00108-GMS

Document 4

Filed 12/16/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA Plaintiff,
: Criminal Action No. 05- 108

v. AND&S VALLEJO-MART~EZ,

Defendant.

I
PETITION FOR WRIT OF HABEAS CORPUS AD PROSEOUENDUM Your Petitioner, the United States of America, by its attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Adam Safivat, Assistant United States Attorney for the District of Delaware, respectfully states:
1.

The defendant, Andres Vallejo-Martinez, was indicted on a federal

immigration charge on December 15,2005. A criminal complaint and arrest warrant were previously issued against him on December 6,2005, by this Court. The defendant is in the custody of the State of Delaware, pending state charges. To date, the defendant has not had an initial appearance in federal court. The defendant is incarcerated by Delaware state authorities in the Howard R. Young Correctional Institution, Delaware. WHEREFORE, Petitioner prays that the Clerk of this Court be instructed to issue a Writ of Habeip corp-ys q d

prqrndum

the United States Marshal, District of

Case 1:05-cr-00108-GMS

Document 4

Filed 12/16/2005

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Delaware, and to the Warden of the Howard R. Young Correctional Institution, to bring said defendant, Andres Vallejo-Martinez, before the Court on Januarv 5.2006, or at a date shortly thereafter as may be convenient to the Court, for his initial appearance, and to return said defendant to State authorities, unless his state charges have been dismissed, terminated or finally disposed, in which case said defendant shall remain in the custody of the United States Marshal for the District of Delaware until the conclusion of his federal proceedings. Respectfully submitted, COLM F. CONNOLLY United States Attorney

BY.Adam Safivat Assistant United States Attorney Dated: December 16,2005

IT IS SO ORDERED this

day of

,2005.

Honorable Mary Pat Thynge United States Magistrate Judge District of Delaware