Legal Opinion
Drakes v. Immigration & Naturalization Service
District Court, M.D. Pennsylvania
Decided June 3, 2002No. 4:CV-00-0499PublishedCited by 2 opinions
1Opinion of the Court
ORDER
McCLURE, District Judge.
BACKGROUND:
Trevor Drakes is a criminal alien subject to a final order of removal. Leading to his removal order were two state convictions for forgery. Drakes has filed with this court an amended petition under 28 U.S.C. § 2241 for a writ of habeas corpus. In his amended petition, Drakes challenges his removal order by seeking to invalidate the state convictions. The Immigration and Naturalization Service (INS) has moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the amended petition. According to the INS, two recent Supreme Court cases command that…
2Cases cited12 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
- Lackawanna County District Attorney v. CossSupreme Court of the United States · 2001
- Daniels v. United StatesSupreme Court of the United States · 2001
- Maio v. Aetna, Inc.Court of Appeals for the Third Circuit · 2000
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3Cited by2 opinions
- Trevor Drakes v. Immigration and Naturalization ServiceCourt of Appeals for the Third Circuit · 2003
- Plummer v. AshcroftDistrict Court, D. Connecticut · 2003