Theck
Theck v. Warden, Immigration & Naturalization Service
Opinion
Opinion
Letts, J.
ORDER RE: FEDERAL HABEAS CORPUS PETITION
I.
BACKGROUND
A. Factual Background
Petitioner Park Theck, aka Theck Park, aka Lee Jee Young, attempted to enter the United States at John F. Kennedy International Airport on November 19, 1994, using a fraudulent Canadian passport. Return, Exhs. 1-2 at 19-23. He was detained and charged with being an excludable alien under the Immigration and Naturalization Act (“INA”), Sections 212(a)(6)(C)(I), 212(a)(7)(A)(I)(I), and 212(a)(7)(B)(I)(I) and 212(a)(7)(B)(I)(II). Petitioner was subsequently paroled into the United States, and an exclusion hearing was eventually set for October 16,1995. Return, Exh. 4 at 25, Exh. 20 at 45.
On October 12, 1995, petitioner boarded a Korean Airlines flight to Korea; however, he was denied entry to the Republic of Korea because he did not have valid travel documents. Return, Exhs. 5, 10, 21 at 26, 33, 47. Petitioner arrived in San Francisco on October 13, 1995. Return, Exhs. 5, 9 at 26, 31. At that time, petitioner again was charged with being an excludable alien under Sections 212(a)(7)(A)(D(D, 212(a)(7)(B)(I)(D and 212(a)(7)(B)(I)(II) uf the INA, and he was detained pending an exclusion hearing. Return,…