Emily Vega v. Eric T. Schneiderman
Court of Appeals for the Second Circuit
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
This appeal considers whether a state court order of protection that prohibited Petitioner-Appellant Emily Vega from contacting the victim of her harassment places her “in custody” within the meaning of the habeas statute, 28 U.S.C. § 2254. We conclude that it does not.
I. BACKGROUND
In July 2009, Vega confronted Magdalena Camacho in front of an apartment building in the Bronx and an altercation ensued. Because at the time of this confrontation there was an order of protection in place against Vega directing her to stay away from Camacho, Vega was arrested…
2Cases cited11 opinions
- Maleng v. CookSupreme Court of the United States · 1989
- Jones v. CunninghamSupreme Court of the United States · 1963
- Herring v. New YorkSupreme Court of the United States · 1975
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- Carvajal v. ArtusCourt of Appeals for the Second Circuit · 2011
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