Legal Opinion

In Re the United States for a Material Witness Warrant

District Court, S.D. New York

Decided July 11, 2002No. 01 M. 1750(MBM)PublishedCited by 15 opinions

1Opinion of the Court

OPINION AND ORDER

MUKASEY, Chief Judge.

John Doe, 1 who was initially in the custody of the Immigration and Naturalization Service in another state and subject to an order of deportation, was transferred to the custody of the Department of Justice pursuant to a material witness warrant issued under 18 U.S.C. § 3144 (2000), in aid of a grand jury subpoena. He has moved to quash the warrant, and asks that the deportation order entered against him be enforced forthwith. Alternatively, he asks that the government be barred from calling him before the grand jury, and that his deposition be taken…

2Cases cited38 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. United States v. CalandraSupreme Court of the United States · 1974
  3. Branzburg v. HayesSupreme Court of the United States · 1972
  4. Lorillard v. PonsSupreme Court of the United States · 1978
  5. Counselman v. HitchcockSupreme Court of the United States · 1892

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3Cited by15 opinions

  1. Al-Kidd v. AshcroftCourt of Appeals for the Ninth Circuit · 2009
  2. United States v. Osama AwadallahCourt of Appeals for the Second Circuit · 2003
  3. United States v. Miguel Rosa-OrtizCourt of Appeals for the First Circuit · 2003
  4. In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of IowaSupreme Court of Iowa · 2011
  5. In Re the United States for Material Witness WarrantDistrict Court, S.D. New York · 2002

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