Legal Opinion

Zadvydas v. Caplinger

District Court, E.D. Louisiana

Decided October 30, 1997No. Civil Action 96-0810PublishedCited by 13 opinions

1Opinion of the Court

ORDER AND REASONS

FALLON, District Judge.

Before this Court is petitioner Kestutis Zadvydas’ objection to the report and recommendation of United States Magistrate Judge Louis Moore, Jr., which recommends that the petitioner’s application for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, be denied. For the reasons that follow, the petitioner’s objection is sustained in part, in that the Court finds that the petitioner’s detention pending deportation violates his right to substantive due process, and denied in part, in that it is denied in all other respects. The petition for writ of…

2Cases cited49 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Hill v. LockhartSupreme Court of the United States · 1985
  5. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967

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3Cited by13 opinions

  1. Zadvydas v. DavisSupreme Court of the United States · 2001
  2. Martinez v. McAleenanDistrict Court, S.D. Illinois · 2019
  3. Zadvydas v. UnderdownCourt of Appeals for the Fifth Circuit · 1999
  4. Tam v. Immigration & Naturalization ServiceDistrict Court, E.D. California · 1998
  5. Phan v. RenoDistrict Court, W.D. Washington · 1999

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