Julio E. Roman v. John Ashcroft

I concur in the result in this case and agree with much of the majority opinion’s *330reasoning. I write separately to note two points.

First, whether the petitioner is a detained alien or a federal prisoner, the weight of authority supports a determination that the Attorney General is not a proper respondent in petitions under 28 U.S.C. § 2241. Vasquez v. Reno, 233 F.3d 688, 691 (1st Cir.2000) (finding that normally the Attorney General is not the proper respondent in alien habeas cases and noting that a number of courts have held that the Attorney General is not a proper custodian for purposes…