Legal Opinion
Kellman v. District Director, United States Immigration & Naturalization Service
District Court, S.D. New York
Decided November 6, 1990No. 90 Civ. 4620 (RWS)PublishedCited by 11 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
Terry Winfield Kellman (“Kellman”) has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Kell-man is currently being held under detention by the Immigration and Naturalization Service (“INS”) while awaiting the outcome of deportation hearings. He has challenged the constitutionality of Section 242(a)(2) of the Immigration and Nationality Act of 1952, as amended (“INA”), 8 U.S.C. § 1252(a)(2), 1 under which he has been denied the opportunity for a bail hearing. For the following reasons, the statute is held to be unconstitutional and…
2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- United States v. SalernoSupreme Court of the United States · 1987
- Fiallo Ex Rel. Rodriguez v. BellSupreme Court of the United States · 1977
- Carlson v. LandonSupreme Court of the United States · 1952
- Galvan v. PressSupreme Court of the United States · 1954
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Aime v. CommonwealthMassachusetts Supreme Judicial Court · 1993
- Martinez v. GreeneDistrict Court, D. Colorado · 1998
- NOBLEBoard of Immigration Appeals · 1997
- Velasquez v. RenoDistrict Court, D. New Jersey · 1999
- Montero v. CobbDistrict Court, D. Massachusetts · 1996
6 more not listed; retrieve them via the Exa API.