Duong v. Immigration & Naturalization Service

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

JONES, District Judge.

On September 14, 1999, Petitioner Loc Duong, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents oppose. The Court finds that: 1) the Immigration Reform and Immigrant Responsibility Act (IIRIRA) does not divest the Court of jurisdiction over habeas corpus petitions; 2) Petitioner does not need to exhaust his administrative remedies in order for the Court to review the petition; 3) Petitioner’s substantive due process rights are violated by his indefinite incarceration; 4) procedures used to…