Legal Opinion
Payo v. Hayes
District Court, N.D. California
Decided January 7, 1991No. C-90-2616 JPVPublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS WITH LEAVE TO AMEND
VUKASIN, District Judge.
INTRODUCTION
The Immigration and Naturalization Service (“INS”) has allegedly filed a detainer against petitioner, a federal prisoner subject to deportation as a felon. Petitioner seeks to compel the INS either to remove the detainer or conduct a deportation hearing.
DISCUSSION
I. Writ of Habeas Corpus
A writ of habeas corpus shall not extend to a prisoner unless he is in custody. 28 U.S.C. § 2241(c). INS regulations suggest that custody does not begin until the prison sentence on the…
2Cases cited5 opinions
- Hutchinson v. United StatesCourt of Appeals for the Ninth Circuit · 1982
- Juan Reinaldo Campillo v. John Sullivan, Victor R. Corporan v. John Sullivan, WardenCourt of Appeals for the Eighth Circuit · 1988
- Prieto v. GluchCourt of Appeals for the Sixth Circuit · 1990
- Gregorio F. Vargas v. Ronald B. SwanCourt of Appeals for the Seventh Circuit · 1988
- Jozsef A. Guti v. U.S. Immigration and Naturalization Service John K. Van De KampCourt of Appeals for the Ninth Circuit · 1990
3Cited by3 opinions
- Orlando Roldan v. James Racette, Superintendent, Adirondack Correctional Facility, and U.S. Immigration & Naturalization ServiceCourt of Appeals for the Second Circuit · 1993
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