Legal Opinion

Campbell v. Barr

District Court, W.D. New York

Decided May 14, 2019No. 19-CV-341PublishedCited by 1 opinion

1Opinion of the Court

LAWRENCE J. VILARDO, UNITED STATES DISTRICT JUDGE

For more than three years-since April 22, 2016-the Department of Homeland Security ("DHS") has detained the pro se petitioner, Damion A. Campbell,1 during his removal proceedings. Docket Item 4 at 15. In those three years, the government has never given Campbell an individualized hearing to adjudicate the reasons for his detention: his risk of flight or dangerousness. Id.

What is more, Campbell may be a United States Citizen. The United States Court of Appeals for the Second Circuit has determined that there is "a genuine dispute of material…

2Cases cited35 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Zadvydas v. DavisSupreme Court of the United States · 2001
  4. Santosky v. KramerSupreme Court of the United States · 1982
  5. Goldberg v. KellySupreme Court of the United States · 1970

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3Cited by1 opinion

  1. Guerrero v. DeckerDistrict Court, S.D. New York · 2019

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