Velasquez v. Reno
District Court, D. New Jersey
1Opinion of the Court
OPINION
BARRY, District Judge.
On December 16, 1998, based on a nineteen year old conviction for which he received probation, petitioner, Jose Velasquez, was taken into custody by agents of the Immigration and Naturalization Service (“INS”). Petitioner is being manda-torily detained, without bond and without a hearing on bond, pursuant to section 236(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(c), pending removal proceedings. He seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, arguing that § 1226(c) cannot be retroactively applied to him as he was released…
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