Legal Opinion
Martinez v. Immigration & Naturalization Service
District Court, M.D. Pennsylvania
Decided May 17, 2000No. CIV.A. 1:CV-99-1881PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
CALDWELL, District Judge.
I. Introduction.
Hilario Gerardo Cuesta Martinez, a de-portable alien, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner contends that his prolonged detention in INS custody awaiting deportation while the INS finds a country that will accept him vio- ' lates his right to procedural and substantive due process under the fifth amendment.
We are considering the report of the magistrate judge, dated January 6, 2000. The report recommends that the petition be denied. The petitioner has filed objections to the report.
II.…
2Cases cited16 opinions
- Shaughnessy v. United States Ex Rel. MezeiSupreme Court of the United States · 1953
- Landon v. PlasenciaSupreme Court of the United States · 1982
- Fong Yue Ting v. United StatesSupreme Court of the United States · 1893
- Leng May Ma v. BarberSupreme Court of the United States · 1958
- Chi Thon Ngo A/K/A David Lam v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 1999
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3Cited by1 opinion
- Michel v. Immigration & Naturalization ServiceDistrict Court, M.D. Pennsylvania · 2000