Jardines-Guerra
Jardines-Guerra v. Ashcroft
Opinion
Opinion
Moskowitz, J.
ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS
On August 27, 2002, Petitioner filed a Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Petitioner is an inadmissible alien under a final removal order and is currently being detained by the Immigration and Naturalization Service (“INS”). Petitioner contends that since there is no significant likelihood that the INS will be able to effect his removal to his native country, the INS lacks statutory power to continue his detention indefinitely pending his deportation.
For the reasons stated below, the Court GRANTS in part and DENIES in part the Petition for writ of habeas corpus.
I. BACKGROUND
Petitioner is a 42-year old native of Cuba who arrived in the United States via Miami, Florida on August 23, 1995. The INS took him into custody upon his arrival but released him into the United States as a public interest parolee. See, 8 U.S.C. § 1182 (d)(5)(stating that Attorney General has discretion to parole an alien into the United States temporarily, but the paroled alien’s physical presence in the United States does not constitute an entry or an admission).