IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

SOLOMON BEN- TOV COHEN

A# 77 309 675
GEO-ICE Detention Center
3130 Oakland St
Aurora, CO 80010- 1525

Plaintiff CIVIL ACTION NO: 1:11-cv-00428-UNA

MICHAEL B MUKASEY, former Attorney General of the United States

US Department of Justice
950 Pennsylvania Ave NW
Washington
DC 200530

and

TONY WEST, Assistant Attorney General of the United States

US Department of Justice
950 Pennsylvania Ave NW
Washington
DC 200530

Defendants

__________________________________________________________________________

COMPLAINT AND JURY DEMAND

__________________________________________________________________________

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 INTRODUCTION

Michael B Mukasey then Attorney General of the United States returned a false Answer in

Habeas Corpus Cohen v Mukasey, false as to material fact and material law. Mr Cohen

remained in custody even though he had paid his bond.

US District Court wrongly decided that it lacked jurisdiction.

In order to moot an appeal filed in the Tenth Circuit Court of Appeals, Mr Tony West,

procured a false criminal indictment by Grand Jury through false testimony thereby adding to Mr

Cohens suffering by transferring him to Custody of the Attorney General and US Marshal

service and placing him among general prison population.

After the Tenth Circuit Court of Appeals remanded the habeas back to US District Court

with instructions to Dismiss as moot, the criminal charges were withdrawn and Mr Cohen

returned to original custody where he remains.

This action is for compensatory and punitive damages.

I. PARTIES

A. Plaintiff: Solomon Ben- Tov COHEN pro- se, A# 77 309 675 is a citizen of the United

Kingdom, resident, domiciled in and tax- payer of the US since 1990 and a resident of

Washington District of Columbia since 2006. Mr Cohen is currently detained by USICE

at: GEO-ICE Detention Center, 3130 Oakland St, Aurora, State of Colorado, 80010-

1525. Tel (303) 361- 6612.

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 B. Defendant Michael B Mukasey was at all material times Attorney General of the United

States, US Department of Justice, 950 Pennsylvania Ave NW, Washington, DC 200530

and acted within the scope of federal employment at the time of the incident. Mr

Mukasey is sued in an individual capacity.

C. Defendant Tony West is Assistant Attorney General of the United States,

US Department of Justice, 950 Pennsylvania Ave NW, Washington, DC 200530,

and acted within the scope of federal employment at the time of the incident. Mr West

sued in an individual capacity.

II. JURISDICTION

This action arises under Bivens v Six Unknown Named Agents of Federal Bureau of

Narcotics, 403 U.S. 388, (1971) and the Constitution of the United States.

Jurisdiction is conferred on this Court by 28 U.S.C. 1331 and 28 U.S.C. 1343.

Personal Jurisdiction

The Court has personal jurisdiction over the defendants because the alleged incidents

occurred or were planned at the US Department of Justice, Washington District of Columbia

where the defendants worked or are currently working.

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 III. VENUE

Venue is proper in the District of Columbia under 28 U.S.C. 1391(b) (2) because the

alleged incidents occurred or were planned at the US Department of Justice, NW Washington

District of Columbia and generally in Washington DC within the jurisdiction of this Court.

IV. PRISON LITIGATION REFORM ACT

Mr Cohen as an ICE detainee, is not a "prisoner" within the scope of the Prisoner

Litigation Reform Act (PLRA). See LaFontant v. INS, 328 U.S. App. D.C. 359, 135 F.3d 158,

165 (D.C. Cir. 1998); Ojo v. INS, 106 F.3d 680, 683 (5th Cir. 1997).

EXHAUSTION OF ADMINISTRATIVE REMEDIES

All grievance procedures and administrative remedies have been exhausted.

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 V. PREVIOUS LAWSUITS ( past and present based on similar facts)

1. Plaintiff: Solomon B Cohen

Respondent: Michael B Mukasey

2. Court: US District Court for the District of Colorado

3. Docket No: 1:08-cv-01844-LTB-CBS

4. Name of Judge: Hon Lewis T Babcock

5. Disposition: Dismissed

Reversed and Remanded on Appeal No 09- 1277 (10th Cir. 2010)

6. Date of filing: 08/28/2008

7. Date of dispositions: June 2009, April 13 2010; Aug 2010

________________________________

1. Plaintiff: Solomon B Cohen

Defendants: John P Longshore, Filed Office Director DHS/ICE

Unknown mail clerk, El Paso County Sheriffs Office

2. Court: US District Court for the District of Colorado

3. Docket No: 1:09-cv-01169-BnB

4. Name of Judge: Hon Zita L Weisnhienk/ Hon Lewis T Babcock

5. Disposition: Dismissed

Reversed and Remanded on Appeal No 09- 1563 (10th Cir. 2010)

6. Date of filing: 06/2008

7. Date of disposition: Dec 2009(original)- pending

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 VI. STATEMENT OF THE CLAIM

Background

1. Plaintiff Solomon Ben- Tov COHEN pro-se was born in London, UK and moved to the

United States in 1990. Cohen graduated from Cambridge University with a Masters

degree (Honours) in math and worked in the financial markets.

2. In 1999, over a letter they received from the New York City Loft Board, Cohens

landlords forced him out of his live/m work loft in Manhattan by making threats.

Arrest in Washington DC

3. On 11/25/2003, for this reason the United States Capitol Police falsely arrested Cohen

and immediately handed him over to US Immigration & Customs Enforcement (USICE).

Immigration Bond

4. On 03/30/2004 USICE released Cohen on a bond of $3,000.

MICHAEL B MUKASEY

False Answer in Habeas Corpus

5. On or about the 23rd of September 2008, defendant Michael B Mukasey was served by

U.S. Marshals at the US Department of Justice in Washington D.C. within jurisdiction of

this court with Habeas Corpus Order to Show Cause why Writ should not be issued- see

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 Cohen v Mukasey, 1:-08-cv-01844-LTB-CBS (D.Colo. June 22 2009, April 13 2010, Aug

2010).

6. Mr. Mukasey decided to return a false answer to the U.S. Magistrate Judge filed

11/04/2008 knowingly and with intent that:-

Cohen not be released despite having bond paid & open; and that

Cohens asylum case should not be transferred back to Immigration Court,

Arlington VA where it most likely would succeed 1 or transferred to non- detained

Immigration Court, Downtown Denver Colorado.

7. As a result Cohen remained detained despite having a paid and valid bond.

8. On 11/06/08 two days later appearing for the first time with immigration lawyers

Brett Davies and Jonathan Hyman before Immigration Judge in detained- case only

Aurora Immigration Court, Immigration Judge could not grant them a continuance, even

though Bret Davies told the IJ they had found shocking evidence vindicating Cohens

asylum claims and that they needed time to prepare the asylum case, file this evidence

and call witnesses.

9. As a direct consequence of Mukaseys UNPRECEDENTED FRAUD, no evidence , in

lawyers hands was considered leading to unfair and potentially dangerous denial of

asylum to Jew from Britain, who decided to leave U.K. in 1989 and move to NYC

because of anti- semitic attitudes in Britain, including ridicule whilst at Cambridge

1
2009 Asylum grant rate, Arlington VA 74%; Denver CO 21% SOURCE: FY 2009 Statistical Yearbook, Executive
Office for Immigration review, USDOJ.

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 University and anti- semitic jibes on the trading floor working for a major firm in the City

of London.

Hatred of Jews in Britain

10. Britain has a long history of anti- semitism 2.

US State Department Country Report on UK 2006 Bureau of Democracy, Human

Rights, and Labor

2006 report release on March 2007 concerning how Jews are treated in Britain:-

anti-Semitic hate incidents was the highest total since records began

anti-Semitism widespread in the UK

considerable fear and concern among Jews

Full Text see Exhibit 10

[D]uring the year government and NGO reports indicated that anti-Semitism had
been on the rise since 2000 and was not restricted to the margins of society.

The Community Security Trust's (CST) Anti-Semitic Incidents Report 2006

reported 594 anti-Semitic hate incidents throughout the country during the year.
This was a 31 percent increase from the 455 incidents recorded in 2005, and was
the highest total since records began in 1984.

In September the All-Party Parliamentary Inquiry into Anti-Semitism released a

comprehensive report on the status of anti-Semitism in the country, identified
deficiencies in the government's approach to dealing with the problem, and
offered recommendations to government. The report concluded that anti-Semitism
was on the rise, with one leader of the community saying that ``there is probably
a greater feeling of discomfort, greater concerns, greater fears now about anti-
Semitism than there have been for many decades.''

2
The Jews during his reign were cruelly despoiled, and in 1290 ordered, under penalty of death, to quit England
forever Fong Yue Ting v US, 149 U.S. 698 (1893) (Dissent J Brewer)

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 11. Immigration Judge is wrong. His assertion that its only a few skinheads see

Exhibit 5 page 6 is based on the 2003 UK Country Report. Country conditions have

greatly deteriorated since then.

Matter of Cohen, A# 77 309 675

12. In the Matter of Cohen, A # 77 309 675, the Board of Immigration Appeals (BIA)

ruled ALL the evidence submitted along with a Motion to Remand/ Appeal Brief, now

inadmissible even though it contradicted IJs findings of fact.

13. The BIA also ruled that it had no jurisdiction over Mukaseys false answer in habeas

proceedings or its impact on the hearing before the IJ.

Petition for Review

14. No Alien who is pro- se is ever transferred to El Paso County Jail ICE contract facility

There was no printer or typewriter in the law library there and 8 U.S.C. 1252 states that

Aliens brief should be printed or typewritten.

15. Holders counsel deliberately denied Cohen access to the Court see Case No 09- 9514

(10th Cir. 2009)

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09- 9519 (10th Circuit)

16. Tenth Circuit Court of Appeals declined to address the issue of false answer in habeas

and the Department of Justice argued that 8 U.S.C. 1252 deprives court of appeals of

jurisdiction to review denial of a continuance by an IJ.

Mr TONY WEST, Assistant Attorney General

HABEAS CORPUS APPEAL, CASE NO 09-1277

17. In Dec 2009 Cohen sent evidence of Mukaseys false answer to Christopher Dempsey

who works under Tony West in Washington DC- and also sent to President Barack

Obama.

18. On 01/05/2010 Dempsey informed Cohen during the course of a telephone call that it had

been ordered, in order that Mukasey and the US Department of Justice not face adverse

judgment in Tenth Circuit Court of Appeals Habeas Appeal, false testimony was being

presented to the Grand Jury in order to indict Cohen for the sole purpose of transferring

custody from USICE to the Attorney General/ US Marshal Service, in order to file a

Motion to Dismiss as moot.

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USA v COHEN

19. On 02/10/2010 judicial review of Final Order still pending in 09- 9519 3, Cohen was

indicted under 8 U.S.C. 1253 even though the statute clearly states:-

Any Alien against whom a final order of removal is outstanding by reasons of

being a member of any of he classes described in section 237(a) who

Willfully fails or refuses to depart from the United States within a period of 90

days from the date of the final order of removal under administrative

processes, or if judicial review is had, then from the date of the final order

of the court.

Violation of Rule 23- Transfer of Custody

20. On 02/16/2010 Cohen was charged with counts under 8 U.S.C. 1253 USA v Cohen,

No 10-cr-00091- REB, (D.Colo 2010) and Cohen was taken from USICE into AG/ US

Marshal custody in violation of FRAP Rule 23 on the indictment.

21. On 03/01/2010 Mr Tony West filed Respondents Motion to Dismiss in Tenth Circuit

Court of Appeals asking the Court to dismiss Habeas appeal as moot because of transfer.

22. By ordering this prosecution Mr TonyWest contrived and conspired to moot the habeas

appeal.

3
Cohen v Holder Jr, was not deicded by 10th Circuit until 03/23/2010

12
 [T]he outcome of Cohens criminal case and subsequent circumstances of his

eturn to DHS custody are speculative at best. See Exhibit .

Outcome of Habeas Appeal

23. Tenth Circuit Court of Appeals reversed and remanded back to the US District Court with

instructions to dismiss as moot, which the Court did on 04/13/2010.

24. On 11/17/2010 US Attorney filed Motion to Dismiss in US District Court granted same

day Governments Unopposed Motion to Dismiss Indictment without Prejudice see

Exhibit .

25. On 11/18/2010 Cohen was transferred back to USICE custody at GEO-ICE Detention

Center.

USA v COHEN, Case No 10- cr- 00091- REB (D. Colo. 2010)

26. Mr Cohen suffered 9 months among general federal criminal population just so that West

could avoid losing habeas appeal.

Removal to UK

27. Filing for a writ of habeas corpus and asking for asylum turned out to be a big mistake.

Now Cohen is being returned to the UK a broken man , permanently damaged physically

and emotionally and likely never to be hired by a major firm.

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 28. As a direct result of both defendants Mr Mukaseys and Mr Wests conduct, Mr Cohen

will suffer humiliation and embarrassment of being returned to the UK after 2 years

detention without any expectation of employment in his profession (The British

Government was made aware of Mr Cohen asking for asylum because of the mandatory

notification clause of Treaty between US and UK signed in 1952, codified as 8 C.F.R.

236.1(e) which is incompatible with provisions of Visa Waiver Program 8 U.S.C.

1187. VWP aliens may apply for asylum only). Working as a trader required

authorization by UK Government.

29. Mr Cohen expects to be blackballed by the British Government and made to live in

poverty.

DESCRIPTION OF ATTACHED EXHIBITS

1 Copy of photo of Mr Cohen being presented to HRH Princess Diana in London 12/1991

2 Copy of Cohens $3,000 Immigration Bond for Alien 77 309 675 Receipt No WAS-
11,110 issued by Washington Field Office, DHS/ICE 03/30/2004.

3 Copy of Bond Continuation Memo stating that $3,000 bond no WAS- 11,110 for Alien #
77 309 675 has been continued and is to remain open and with full force dated
07/08/2008.

4 Copy of Mukaseys Reply in Support of Motion to Dismiss for lack of Jurisdiction and
for Failure to State a Claim filed in habeas Cohen v Mukasey US District Court on
01/22/09.

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5 Copy of Respondents Supplemental Appendix filed in Habeas Appeal by Tony
West 03/01/2010.

6 Copy of ICE Notice- Immigration Bond Cancellation Alien # 77 309 675 Bond No
WAS- 11,110 form I- 391 and Cohens $3,000 Immigration Bond stamped cancelled
both dated 06/19/2009.

7 Copy of certified mail receipt from president Obama dated 12/14/2009.

8 Copy of Respondents Motion to Dismiss filed in Tenth Circuit Court of Appeals Mr

Tony West dated 03/01/2010.

9 Copy of Governments Unopposed Motion to Dismiss Indictment without Prejudice in

USA v COHEN, Case No 10- cr- 00091- REB filed by US Attorneys Office in Denver,
Colorado along with a copy of the Order of Dismissal filed 11/17/2010.

10 Copy of US State Department Country Report UK 2006

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 VII. CONSTITUTION VIOLATIONS BY THE DEFENDANTS

Michael B Mukasey and Tony West are sued in an individual capacity over their actions in

Washington District of Columbia whilst acting in a ministerial capacity and under color of

federal law:

FIRST CLAIM FOR RELIEF

(Substantive Due Process Violation - US Const Amend V)

The foregoing allegations are incorporated by reference.

30. Mr Mukasey through his actions in Washington DC violated Cohens right to be free

after paying his bond and depriving him of his liberty. As a direct and proximate result of

this false imprisonment of at least one year Mr Cohen suffered injuries and damages

including:

i. Loss of physical liberty;

ii. Emotional pain suffering and trauma humiliation and embarrassment.

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 SECOND CLAIM FOR RELIEF

(Procedural Due Process Violation - US Const Amend V)

The foregoing allegations are incorporated by reference.

31. Mr Mukasey violated Mr Cohens right of Due Process by lying to the US District Court

about Mr Cohens bond denying Mr Cohen due process in habeas proceedings.

THIRD CLAIM FOR RELIEF

(Cruel and unusual punishment - US Const Amend V)

The foregoing allegations are incorporated by reference.

32. Mr Cohen had every reasonable expectation of being granted Writ of Habeas Corpus for

over a year. Through Mr Mukaseys violations of US Constitution Mr Cohen was

damaged in at least the following respects:

i. Loss of personal freedom;

ii. Pain and suffering both physical and emotional; and
iii. Loss of reputation in the business community.

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 FOURTH CLAIM FOR RELIEF

(Procedural Due Process Violation - US Const Amend V)

The foregoing allegations are incorporated by reference.

33. Mr Mukasey through his filings in the US District Court, denied Cohen his right to a fair

asylum hearing and deprived Cohen of his right to be heard in appropriate forum, have

his lawyers file evidence call witnesses resulting in unfair hearing, now irreversible

denial of asylum.

FIFTH CLAIM FOR RELIEF

(False arrest and imprisonment in violation of US Const Amend IV & V)

The foregoing allegations are incorporated by reference.

34. Mr TonyWest ordered or sanctioned presentation of false testimony to Federal Grand

Jury and Mr Cohens false arrest for the purpose of allowing him to move to Dismiss

details of USA v COHEN, Case No 10- cr- 00091- REB (D. Colo. 2010) cited in his

filing.

[T]he outcome of Cohens criminal case and subsequent circumstances of his

return to DHS custody are speculative at best. See Exhibit .

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35. As a direct and proximate result of Mr Wests actions Mr Cohen suffered injuries and

damages including:

i. Loss of physical liberty- 9 months among general federal criminal

population;

ii. Emotional pain suffering and trauma humiliation and embarrassment.

just so that West could avoid losing habeas appeal and cover up habeas fraud.

On 11/17/2010 US Attorney filed Motion to Dismiss in US District Court granted same

day Governments Unopposed Motion to Dismiss Indictment without Prejudice see

Exhibit .

36. On 11/18/2010 Cohen was transferred back to USICE custody at GEO-ICE Detention

Center.

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 VIII. RELIEF

Plaintiff Solomon B Cohen prays the Court grant the following relief:

1. Against defendant Michael B Mukasey, sued as an individual, $2 Million in

compensatory damages as well as $4 Million in punitive damages;

2. Against defendant Tony West, sued as an individual, $2 Million in compensatory

damages and $4 Million in punitive damages;

3. Costs of brining this action along with reasonable attorneys fees;

4. Trial by Jury pursuant to Federal Rule of Civil Procedure 38(b); and

Any other relief as the Court deems appropriate.

Dated: Respectfully submitted,

___________________________________

Solomon B Cohen MA (Cantab) pro-se

A# 77 309 675
GEO-ICE Detention Center
3130 Oakland St
Aurora, CO 80010- 1525

Tel: (303) 361- 6612

I declare under penalty of perjury that the foregoing is true and correct.

Signed this ________________day of __________________________, ____________

_________________________________

Solomon B Cohen MA(Cantab) pro-se

Plaintiff

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 CERTIFICATE OF SERVICE

(Exhibits only)

I hereby certify that on , I sent a copy of the attached

via US Mail postage pre- paid to the following:-

MICHAEL B MUKASEY, former Attorney General of the United States

US Department of Justice
950 Pennsylvania Ave NW
Washington
DC 200530

and

TONY WEST, Assistant Attorney General of the United States

US Department of Justice
950 Pennsylvania Ave NW
Washington
DC 200530

Dated: Signed: ___________________

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Invalid Indictment

1. Exhibit A attached to this motion is a copy of Form I- 229(a) used in this indictment
filed into evidence in this case at Bates No 000023 which states:-

Section 243(a) of the Immigration and Nationality Act provides in part that: Any

Alien against whom a final order of removal is outstanding by reasons of being a

member of any of he classes described in section 237(a) who Willfully fails or

refuses to depart from the United States within a period of 90 days from the date

of the final order of removal under administrative processes, or if judicial review

is had, then from the date of the final order of the court.

Judicial Review of Asylum

2. In April 2009, Mr Cohen filed a timely Petition for Review of the Board of Immigration

Appeals and Immigration Judges denial of asylum in the Tenth Circuit Court of Appeals

Cohen v Holder Jr. -Case No 09- 9519.

Final Order of the Court

3. On March 23 2010, the 10th Circuit rendered its judgment in three Appeals including Mr

Cohens Petition for Review- Cohen v Holder, 2010 U.S. App. LEXIS 5982 (10th Cir.

March 23 2010) attached to this motion as Exhibit B.

4. In Governments reply to Defendants motion to dismiss, the Government relies on this

judgment without filing it into evidence.

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 5. Therefore at the time of the indictment February 10 2010 and of the alleged offenses

judicial review was pending and there was no final order (in relation to asylum- only).

Prosecutorial Abuse of Grand Jury Process

6. Mr Cohen is argued that USICE had no right to serve these notices on Mr Cohen and that

the Government had no right to file these charges . [U]SICE do not have authority to

initiate criminal charges. A case must be presented to and accepted by the US Attorney.

USA v Bailon- Cruz, 351 F. Supp. 2d 1131 (D. Colo. 2006).

7. USICE officers lied in Grand Jury testimony in order to falsely obtain this indictment.

These false statements are on Bates Nos 000013 and 14 which included the following

false statements:--

a. That there is a final order of removal:

b. That the Petition for Review was denied on April 23 2009

c. That there is no habeas corpus pending.

-se e Exhibit C attached.

Habeas Corpus

8. USICE held Mr Cohen in detention since June 1 2008 even though he had posted bond.

As a result of this criminal prosecution, in Cohen v Hunt, 2010 U.S. App LEXIS 7456

(10th Cir. April 12 2010), habeas appeal of Cohen v Mukasey, 2009 WL 1766843 * 2

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 (D.Colo. June 22 2009) pending before the Tenth Circuit at the time of the indictment,

the Court of Appeals reversed and remanded with instructions for District Court to

Dismiss as moot and could not order the US District Court to order Mr Cohens release

-see Exhibits D and E.

NEW US ATTORNEY FOR THE DISTRICT OF COLORADO

9. Mr Cohen hereby moves the Court to sanction the Government for bringing this

prosecution in bad faith, for malicious prosecution, prosecutorial abuse of Grand Jury

Process, abuse of process and for wasting this Courts time and subjecting Mr Cohen to

false imprisonment and emotional distress, or, as an alternative to sanctions the Court

may consider asking the new US Attorney John F Walsh III to conduct an investigation

and order Mr Cohens release from USICE detention.

CONCLUSION

For the foregoing reasons defendant Mr Solomon Ben- Tov Cohen respectfully asks this

honorable court to grant this motion.

Dated: Respectfully submitted,

____________________________________

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TABLE OF EXHIBITS

Mr Cohen alleges that he has been victimized by both USICE and US Attorneys Office

since applying for a Writ of Habeas Corpus Cohen v Mukasey

From the discovery inn this case, it is evident that Mr Cohen has remained in detention

despite having paid his bond and that AUSA Tim Jafek lied to the court resulting in the court

incorrectly deciding the case, and in Mr Cohens false imprisonment.

Allegation of Abuse of Process by the Government

This prosecution was initiated according to Christopher Dempsey Senior Litigation Counsel

at OIL in order for the Government transfer custody of the Mr Cohen out of USICE custody

in order to moot a habeas corpus Appeal pending in the Court of the Appeals for the Tenth

Circuit Case No 09- 1277 Cohen v Hunt (sub nom Mukasey).

Defendant Solomon Ben- Tov Cohen alleges that this prosecution constitutes Abuse of

Process and that the Government should be sanctioned and the charges dismissed with

prejudice.

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 To successfully allege abuse of process, it must be established that the Government

contemplated an ulterior motive in using the process committed a willful act in the use of the

process not proper in the regular conduct of the proceedings.

This prosecution Mr Cohen alleges was brought for the sole purpose of preventing an adverse

judgment against USICE and the US Attorneys Office in pending Habeas Corpus Appeal in

the Tenth Circuit Court of Appeals.

SANCTIONS

[It strikes us as elementary that a federal court possess the inherent power to

deny courts processes to one who defiles the judicial system by committing a

fraud on the court. Aoude v Mobil Oil, 892 F. 2d 1115 (1st Cir. 1989).

The motion for reconsideration is filed under Federal Rule of Criminal Procedure

Rule .

STATEMENT OF FACTS

Geo- Ice Detention Facility, Aurora CO

USICE detained Mr Cohen even though his bond had been paid.

26
 After Mr Cohens deportation officer refused requests for a meeting, Mr Cohen applied

for a writ of Habeas Corpus.

Throughout the 9 month proceedings, Mr Cohens bond remained open with full force.

Answering on beha;f of the Attorney general of the United States, Tim B Jafek AUSA

filed false answers- falselied to the Court when he filed that Mr Cohens bond had been forfeited

in 2005.

As a result, the Court wrongly decided that it lacked jurisdiction.

In order to avoid losing on Appeal, it was decided to falsely indict Mr Cohen purely for

the purpose of changing custody from USICE to US Marshal Service in order to file a Motion to

Dismiss on the grounds of mootness, even though there was no final order of removal.

This constitutes Abuse of Process.

Mr Cohen argues that he is entitled to Dismissal with prejudice and an apology from the

US Department of Justice.

COHEN V LONGSHORE, 09- 1563 Tenth Circuit Court of Appeals

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 On Monday January 4 2010, Mr Cohen received a telephone call from Christopher

Dempsey, opposing counsel in Cohen v Hunt (Mukasey), asking Mr Cohen to agree to a motion

to extend the time to file reply brief of one month.

Mr Cohen pointed out to Dempsey that he had received evidence from USCIS and

USICE that Mr Cohens $3,000 immigration bond had remained valid throughout Habeas

proceedings Cohen v Mukasey and that both USICE and US Attorneys office had lied to the

Court. Mr Cohen asked Mr Dempsey to agree to Mr Cohens immediate release under FRAP

Rule 23, pending a decision in the Appeal.

Mr Cohen agreed to Mr Demapsey resuestnot to opposeMr Dempsey through change in

custody.

On February 10 2010 Mr Cohens Petition for Review Cohen v Holder Jr Case no 09-

9519 was awaiting a decision in Tenth Circuit Court of Appeals.

Judgment in this asylum case was entered on March 23 2010.

According to the Governments

This explains why the charges were brought At the time of the indictment there was

noThis explains why the indictment without a judicially final order of removal.

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29