Mejia-Ruiz v. Immigration & Naturalization Service

MEMORANDUM AND ORDER

BLOCK, District Judge:

Petitioner Roberto Mejia-Ruiz (“Mejia-Ruiz”), an alien, 1 seeks a writ of habeas corpus directing respondent Immigration & Naturalization Service (“INS”) to parole him dining the pendency of an “exclusion proceeding” seeking his removal from the United States. 2 He claims that the INS (i) violated his due process rights by denying his application for parole without affording him a hearing and (n) abused its discretion by acting arbitrarily and capriciously in denying parole. The INS not only vigorously contests these claims, but argues that Mejia-Ruiz…