Legal Opinion

Boyd v. Immigration and Customs Enforcement

District Court, E.D. New York

Decided November 10, 2004No. 04 CV 1203(NG)(ASC), 04 CV 1636(NG)(ASC)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER

GERSHON, District Judge.

Petitioner, who is currently detained in the custody of United States Immigration and Customs Enforcement (“ICE”), has filed two virtually identical petitions for a writ of habeas corpus under 28 U.S.C. § 2241. Pursuant to an order dated June 21, 2003, the petitions have been consolidated. Claiming that he is a United States citizen, petitioner challenges the validity of an order of deportation entered against him. For the reasons set forth below, this court lacks subject matter jurisdiction over the petitions. Accordingly, they are dismissed.

FACTS

Petit…

2Cases cited9 opinions

  1. Franklin Henderson v. Immigration and Naturalization Service, Saul Navas v. Janet Reno, as Attorney General of the United States, Engin Yesil v. Janet Reno, Attorney General Doris Meissner, Commissioner of the Immigration and Naturalization Service Immigration and Naturalization Service John B.Z. Caplinger, District Director Nancy Hooks, Officer in Charge, Guillermo Mojica v. Janet Reno, as Attorney General of the United States, Saul Navas v. Janet Reno, as Attorney General of the United StatesCourt of Appeals for the Second Circuit · 1998
  2. Athanasios Theodoropoulos v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2004
  3. Pierrot Bejjani v. Immigration and Naturalization Service John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Sixth Circuit · 2001
  4. Ojeda-Terrazas v. AshcroftCourt of Appeals for the Fifth Circuit · 2002
  5. Alfonso Alvarez-Portillo v. John AshcroftCourt of Appeals for the Eighth Circuit · 2002

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3Cited by4 opinions

  1. Henry v. QuarantilloDistrict Court, E.D. New York · 2010
  2. Headley-Ombler v. HolderDistrict Court, E.D. New York · 2013
  3. Spaulding v. MayorkasDistrict Court, D. Connecticut · 2010
  4. Henry v. United States Immigration and Customs ServiceDistrict Court, E.D. Michigan · 2025

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