Legal Opinion
Orlando Roldan v. James Racette, Superintendent, Adirondack Correctional Facility, and U.S. Immigration & Naturalization Service
Court of Appeals for the Second Circuit
Decided January 22, 1993No. 1684, Docket 91-2544PublishedCited by 738 opinions
1Opinion of the Court
MAHONEY, Circuit Judge:
Petitioner-appellant Orlando ■ Roldan appeals from a judgment entered October 29, 1991 in the United States District Court for the Northern District of New York, Howard G. Munson, Judge, that dismissed Rol-dan’s application for a writ of habeas corpus. The district court, adopting a report-recommendation of Ralph W. Smith, Jr., Magistrate Judge, entered September 10, 1991, ruled that Roldan was not “in custody” within the meaning of 28 U.S.C. § 2241(c)(3) (1988), thus precluding habeas corpus jurisdiction.
We dismiss the appeal for lack of subject matter jurisdiction.
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2Cases cited44 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Shirley Small v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1989
- Ankenbrandt Ex Rel. L. R. v. RichardsSupreme Court of the United States · 1992
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
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3Cited by738 opinions
- Caidor v. Onondaga CountyCourt of Appeals for the Second Circuit · 2008
- United States v. Male Juvenile (95-Cr-1074)Court of Appeals for the Second Circuit · 1997
- IUE AFL-CIO Pension Fund v. HerrmannCourt of Appeals for the Second Circuit · 1993
- Trevor A. Waldron v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
- Anthony Simmonds, A/K/A Anthony Simmons v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
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