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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA

COLUMBUS DIVISION

ISIDRO GONZALEZ MORENO, :

:

Petitioner, :

:

v. : CASE NO. 4:12-CV-231-CDL-MSH

: 28 U.S.C. 2241

ERIC HOLDER, JANET :

NAPOLITANO, FELICIA SKINNER, :

and MICHAEL SWINTON, :

:

RESPONDENTS. :

_________________________________

NOTIFICATION OF REBUTAL THE MOTION TO DISMISS, BRIEFF

Respondents filed a Motion to Dismiss (ECF No. 13) the above-styled petition, and  Im responding and rebuting the legal arguments, as nonaplicable in my case, im defending myself and short of money , the opposing party violated my civil rigths, thefifth or six amendment to the constitution of georgia O,CG,A&17-5309) (motion to supress evidence illegaly Seized)

1. The "Custody" Requirement

The federal courts are empowered by 28 U.S.C. 2254(a) to inquire into the legality of custody of a person detained "pursuant to the judgment of a State court." The sole ground of inquiry is whether the petitioner "is in custody in violation of the Constitution or laws or treaties of the United States, more over the pleadings and exibits that te opposing party has of my are obiously fabricated, my name on the so called , record of deportable inadmisible aien  that the status when found  in institution, but i was put on hold by the opossin party since the 18 of june , of 2011 and  the ofiicer Sidney White  lied in the report , all you have to do is go to the las apreension of my person in the fulton county jail , i was  incarcerated , for the atlanta police, just because Im a mexican, he invented the chages  he told me that , he was working in conjunccion with comunities secures , that his job  shuld  be  secure comunities, not  harras  foreigners ,  the police vilotad my civil rigths until t nex day , the charges were dropped but the Ice hold me , not after they have a record off my but after, they put the search warrant and arrest on , sept 1 of 2001 after i was arrested  ,  or dtenied or private of my liverty , since jun 18, the opposing party , violated my civil and immigration rigths, because the imigration judge  after i was approber by the atoorney general of imigration , because i filled the  form 42a   at instances of the judge and chief council of imigration,  in the most especulatve form denigrated me and  deport me withouth even lisened to me watshoever , i have been sying the same thing over and over , the opossing party answer as if it were another case , never answer my questions ,  the  bureaw of imigrations appeals in virginia , not even look at my alegations simply cut and pasted the afirmations of the judge and the chief counsel ,  and as i see the imigration in this last letter is folowing the same line , they suposed to respond to the uestions , investigated if they are true , instead they try to  dismiss the case invoquing,another cases that have nothing to do with my case, if i have money or if some lawyer want to defend me  , or as if like the court sid is necesary for effective utilization of discovery procedures persuant to habeas corpus rule 6(a)it is true the issue do not appear to be of unusual complexity , (the damage against my person is clear)no do exepcional circumstances appear to exist which would prevent a full and fair determination ( in my favor)thougth i want you to consider, and   God bless America, and , consider this brieff.......Sincerly.Isidro Gonzalez Moreno

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