Legal Opinion
Kendall v. Immigration & Naturalization Service
District Court, S.D. New York
Decided May 1, 2003No. 02 Civ. 9590(RWS)PublishedCited by 1 opinion
1Opinion of the Court
OPINION
SWEET, District Judge.
The respondents Immigration & Naturalization Service (“INS”) and U.S. Department of Justice (“DOJ”) (collectively, the “Government”) have moved pursuant to Rule 12(b)l, Fed. R. Civ.P., to dismiss the application of Cyril Nathaniel Kendall (“Kendall” or “Petitioner”) for a writ of habeas corpus on the grounds of jurisdiction. For the reasons set forth below, the motion is granted.
Prior Proceedings
Kendall filed a petition for the issuance of a writ of habeas corpus on December 3, 2002, alleging that an INS detainer has barred his release from state court custody and…
2Cases cited19 opinions
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3Cited by1 opinion
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