Legal Opinion
O'ROURKE v. Warden, Metropolitan Correction Center
District Court, S.D. New York
Decided May 24, 1982No. 81 Civ. 4369 (MEL)PublishedCited by 8 opinions
1Opinion of the Court
LASKER, District Judge.
Michael O’Rourke petitions for a writ of habeas corpus on the ground that he is being unlawfully held without bail pending resolution of his deportation proceedings.
I
O’Rourke was arrested by agents of the Immigration and Naturalization Service (“INS”) early in November, 1979, on charges of being a deportable alien because of illegal entry under 8 U.S.C. § 1251(a)(2). The District Director of the INS, pursuant to 8 U.S.C. § 1252(a), decided that O’Rourke should be held in custody pending final determination of deportability. O’Rourke then applied to Immigration Judge…
2Cases cited5 opinions
- PATELBoard of Immigration Appeals · 1976
- Stevic v. SavaCourt of Appeals for the Second Circuit · 1982
- United States of America Ex Rel. Mamdouh Barbour v. District Director of the Immigration and Naturalization Service, San Antonio, Texas, Etc.Court of Appeals for the Fifth Circuit · 1974
- United States Ex Rel. Belfrage v. ShaughnessyCourt of Appeals for the Second Circuit · 1954
- SAN MARTINBoard of Immigration Appeals · 1974
3Cited by8 opinions
- National Center for Immigrants Rights, Inc. v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1984
- Michael Anthony Mabugat v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1991
- Matter of Extradition of RussellDistrict Court, S.D. Texas · 1986
- National Center for Immigrants' Rights, Inc. v. Immigration & Naturalization ServiceDistrict Court, C.D. California · 1985
- Rowe v. Immigration & Naturalization ServiceDistrict Court, D. Massachusetts · 1999
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