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Habtegaber v. Jenifer.

U.S. District Court


Habtegaber v. Jenifer, 213 F.Supp.2d 792 (E.D.Mich. 2002). An alien filed a petition for a writ of habeas corpus, challenging the constitutionality of a statute that requires detention of criminal aliens pending removal proceedings. The district court agreed to address the merits of the petition without requiring administrative exhaustion, and conditionally granted the petition. The court held that the statute violated a lawful permanent resident alien's right to substantive due process under the Fifth Amendment. According to the court, the government's compelling interests in public safety and ensuring the appearance of aliens at removal proceedings, did not outweigh an alien's fundamental liberty interest in avoiding physical restraint without an individualized determination of flight risk or danger to the public. (U.S. District Court, Eastern District, Michigan)
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Title Annotation:alien files civil rights lawsuit
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U3MI
Date:Feb 1, 2003
Previous Article:Gonzalez-Jimenez De Ruiz v. U.S.
Next Article:U.S. v. Scales.

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