Diaz-Zaldierna v. Fasano

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

MOSKOWITZ, District Judge.

Petitioner, a deportable legal permanent resident alien, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges the constitutionality of the Attorney General’s lack of discretion, under 8 U.S.C. § 1226(c), to release him on bail pending the outcome of his removal proceedings (referred to interchangeably as “deportation” proceedings). Specifically, the issue is whether § 1226(e)’s mandatory-detention provision violates petitioner’s right to due process of law under the Fifth…