Free Return to Petition - District Court of California - California


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Date: May 19, 2008
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State: California
Category: District Court of California
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Case 3:08-cv-00645-WQH-LSP

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Filed 05/19/2008

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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PEDRO MARTINEZ-CARBAJAL, ) ) Petitioner, ) ) v. ) ) MICHAEL CHERTOFF, Secretary ) of Homeland Security, et al., ) ) Respondents. ) )

No. 08cv0645-WQH (LSP) A23 223 001 DECLARATION OF SAMUEL W. BETTWY

I, Samuel W. Bettwy, declare and state as follows: I am an Assistant United States Attorney in the Southern District of California and have been assigned the responsibility for the defense of the above-captioned case. In that capacity, I have obtained the following information: 1. On April 21, 2008, ICE Deportation Officer Jesus Reyna informed me by telephone and email that Petitioner Martinez-Carbajal had been accepted for repatriation to Cuba and that he would be transferred to Miami in the near future for boarding a repatriation flight to Cuba. [See attached true copy of email message.] 2. On May 14, 2008, Officer Reyna informed me by email that Martinez had been transferred to Miami, Florida. 3. Upon my further inquiry today at 5:00pm, Officer Reyna informed me by telephone today that he had personally informed Petitioner Martinez in February 2008 that Cuba had accepted him for removal on a June 2008 flight from Miami, Florida. 4. Officer Reyna also informed me that the February 28, 2008 Final

Administrative Removal Order [Exs. 39-42] was issued for presentation to the Cuban government, after ICE had received the Cuban government's approval or Martinez's repatriation.

Case 3:08-cv-00645-WQH-LSP

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Filed 05/19/2008

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. DATED: May 19, 2008 s/ Samuel W. Bettwy ___________________________ SAMUEL W. BETTWY

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08cv0645-WQH