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Case 3:08-cv-00091-WQH-NLS

Document 9-2

Filed 05/12/2008

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1 KAREN P. HEWITT United States Attorney 2 SAMUEL W. BETTWY Assistant U.S. Attorney 3 California State Bar No. 094918 Federal Office Building 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Email: [email protected] Telephone: (619) 557-7119 6 Attorneys for the Respondents 7 8 9 10 11 12 13 15 16 17 18
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ACHOUR BOUGUERNE, Petitioner, v.

MICHAEL CHERTOFF, Secretary 14 of Homeland Security; et al., Respondents.

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Case No. 08cv0091-WQH (NLS) A98 950 259 DECLARATION OF SAMUEL W. BETTWY

I, Samuel W. Bettwy, declare and state as follows: 1. I am an Assistant U.S. Attorney in the Southern District of California and have

19 been assigned the responsibility for the defense of the above-captioned case. In that 20 capacity, I have made inquiries through my point of contact, ICE attorney Alice Miller, 21 with the Custody Determination Unit of Headquarters ("HQCDU"), Immigration and 22 Customs Enforcement ("ICE"), concerning the status of attempts to obtain travel 23 documents from the Algerian consulate for the repatriation of Petitioner Bouguerne. 24 2. On May 9, 2008, Ms. Miller, who is an attorney in Principal Advisor's Office 25 of ICE in Washington, D.C., informed me that the decision had been made to release 26 Petitioner Bouguerne on an Order of Supervision. Ms. Miller also told me that she 27 anticipated that the Order would be issued today, May 12, 2008, but I was unable to 28 make contact with Ms. Miller today, because I was presenting oral argument at the Ninth Circuit in another case and did not return to my office until 3:00pm.

Case 3:08-cv-00091-WQH-NLS

Document 9-2

Filed 05/12/2008

Page 2 of 2

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3. Today, I left a voicemail message with Ms. Miller and sent her an email

2 message, requesting confirmation of Bouguerne's release and a copy of the Order of 3 Supervision. As soon as I receive a copy of the Order and confirmation of Bouguerne's 4 release from custody, I will lodge the Order with the Court. 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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I declare under penalty of perjury under the laws of the United States that the DATED: May 12, 2008

6 foregoing is true and correct to the best of my knowledge. s/ Samuel W. Bettwy ___________________________ SAMUEL W. BETTWY