Paulino v. Connery

OPINION AND ORDER

MUKASEY, District Judge.

These are cross-motions for summary judgment by defendant, the Immigration and Naturalization Service (“INS”), and by plaintiff, Jesus Ferreira Paulino, a prison inmate in the custody of the New York State Department of Correctional Services on the issue of whether INS has violated plaintiff’s due process rights by not conducting a deportation hearing pursuant to 8 U.S.C. § 1252 while he is imprisoned. For the reasons set forth below, defendant’s motion for summary judgment is granted; plaintiff’s cross-motion for summary judgment is denied.

The facts…