Pisciotta v. Ashcroft

OPINION

GREENAWAY, District Judge

This matter comes before the Court upon the application of Petitioner Giovanni Pisciotta (“Petitioner”) seeking a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, and injunctive and declaratory relief releasing Petitioner from detention by the Department of Homeland Security (“DHS”) during the pendency of his removal proceedings. Petitioner asserts that his detention violates his Fifth Amendment right to due process and deprives him of the protection of the Eighth Amendment prohibition against excessive bail. Further, Petitioner argues that these rights…