Legal Opinion

Andrade v. Ashcroft

District Court, E.D. New York

Decided July 3, 2003No. 1:02-cv-05914Published

1Opinion of the Court

ORDER

GERSHON, District Judge.

Petitioner, Adalberto Andrade, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, on November 7, 2002, challenging a final order of removal issued by the Immigration and Naturalization Service (“INS”). Petitioner also challenges his continued detention under the Immigration and Naturalization Act (“INA”) § 236(c), 8 U.S.C. § 1423, and the “erroneous denial of his application for adjustment of status.” Petitioner claims that: (1) the mandatory detention provision of Section 236(c), as applied to him, violates his procedural due process…

2Cases cited4 opinions

  1. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  2. Franklin Henderson v. Immigration and Naturalization Service, Saul Navas v. Janet Reno, as Attorney General of the United States, Engin Yesil v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service John B.Z. Caplinger, District Director Nancy Hooks, Officer in Charge, Guillermo Mojica v. Janet Reno, as Attorney General of the United States, Saul Navas v. Janet Reno, as Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1998
  3. Taniguchi v. SchultzCourt of Appeals for the Ninth Circuit · 2002
  4. Alvarez-Garcia v. United States Immigration & Naturalization ServiceDistrict Court, S.D. New York · 2002

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