Legal Opinion

Dean v. Ashcroft

District Court, D. New Jersey

Decided December 7, 2001No. Civ. 01-3380(WHW)PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WALLS, District Judge.

Petitioner Randy Ricardo Dean, a lawful permanent resident in this country, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 requesting this Court to order an immediate bond hearing before an immigration judge or release him from detention pending his removal proceedings. Petitioner asserts that mandatory detention under § 236(c) of the Immigration and Nationality Act, 8 U.S.C. § 1226(c) (the “Act”) violates his substantive and procedural due process rights by depriving him of an opportunity to demonstrate his suitability for release.…

2Cases cited15 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Rochin v. CaliforniaSupreme Court of the United States · 1952
  4. Reno v. FloresSupreme Court of the United States · 1993
  5. Mathews v. DiazSupreme Court of the United States · 1976

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3Cited by2 opinions

  1. Gayle v. JohnsonDistrict Court, D. New Jersey · 2015
  2. Ramos Serrano v. EstradaDistrict Court, N.D. Texas · 2002

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