UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

CARL ELIE VALBRUN, :

:

Petitioner :

:

v. : CIVIL NO. 4: CV-05-401

:

THOMAS HOGAN, ET AL., : (Judge McClure)

:

Respondents :

CARL ELIE VALBRUN, :

:

Petitioner :

:

v. : CIVIL NO. 4: CV-05-754

:

UNITED STATES DEPARTMENT : (Judge McClure)

 OF JUSTICE, ET AL. :

:

Respondents :

ORDER

April 25, 2005

Background

Both of the above captioned petitions for writ of habeas corpus were

Case 4:05-cv-00401-JFM-JVW Document 10 Filed 04/25/05 Page 1 of 4
1 It appears that after initiating a pro se action in the Southern District of New

York Valbrun obtained legal representation and filed a second, counseled petition with

this Court. 

2

initiated by Carl Elie Valbrun regarding his ongoing detention at the York County

Prison, York, Pennsylvania by the Bureau of Immigration and Customs

Enforcement (BICE). 

On February 24, 2005, counsel for the Petitioner initiated a § 2241 action,

Civil No. 05-401, with this Court. On March 4, 2005, Valbrun was granted a

temporary stay of deportation and service of his petition was ordered. Recently, a

pro se § 2241 petition previously filed by Valbrun in the United States District

Court for the Southern District of New York was transferred to this Court.1 This

Court will direct that the cases be consolidated pursuant to Federal Rule of Civil

Procedure 42(a) and the consolidated matter will proceed under Civil Action No.

4:CV-05-401, which was the initially filed action in this Court. 

Discussion

Rule 42(a) of the Federal Rules of Civil Procedure states:

When actions involving a common question

of law or fact are pending before the

court, it may order a joint hearing or 

Case 4:05-cv-00401-JFM-JVW Document 10 Filed 04/25/05 Page 2 of 4
3

trial of any or all the matters in issue

in the actions; it may order all the

actions consolidated; and it may make

such orders concerning proceedings therein

as may tend to avoid unnecessary costs or

delay.

Fed. R. Civ. P. 42(a).

The allegations and facts set forth in each of the above described habeas

corpus petitions are similar. All of Petitioner’s arguments challenge the legality of

his pending deportation by the BICE. He claims that the BICE’s proposed

deportation to Haiti will violate the United Nations Convention Against Torture

(CAT) and § 241 of the Immigration and Nationality Act (INA). He also contends

that his underlying criminal offense does not qualify as being an aggravated felony.

 Since the actions contain common factors of law and fact, this Court will

order the consolidation of the two petitions pursuant to Rule 42(a) and will proceed

with the consolidated matter under Valburn's initially filed and counseled petition,

Civil Action No. 4:CV-05-401. Furthermore, within fifteen (15) days of the date of

this Order, Petitioner shall file a notice with this Court indicating whether he will

stand on the arguments asserted in his counseled petition or if he also desires

consideration of the additional arguments asserted in his initial pro se petition. 

Consequently,

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4

 IT IS HEREBY ORDERED THAT:

1. The Clerk of Court is directed to consolidate Valbrun v. United

States Department of Justice, et al. , Civil No. 4:CV-05-754 into

Valbrun v. Hogan, et al., Civil No. 4:CV-05-401, pursuant to

Federal Rule of Civil Procedure 42(a).

2. The Clerk of Court is directed to close the case of

Valbrun v. United States Department of Justice, et al., Civil No.

4:CV-05-754.

3. Within fifteen (15) days of the date of this Order, Petitioner

shall advise the Court whether: (1) he wishes to proceed with

only the arguments asserted in his counseled petition, or (2)

wants review of all claims asserted in both his pro se and

counseled petitions.

 s/ James F. McClure, Jr. 

JAMES F. McCLURE, JR.

United States District Judge

Case 4:05-cv-00401-JFM-JVW Document 10 Filed 04/25/05 Page 4 of 4