Doan
Doan v. Immigration & Naturalization Service
Opinion
Opinion
Miller, J.
REVISED ORDER DENYING PETITION FOR HABEAS CORPUS
Petitioner Phong Doan, who is being indefinitely detained by the Immigration and Naturalization Service (“INS”) pending his eventual repatriation to the Socialist Republic of Vietnam (“SRV”), has filed a Petition for Writ of Habeas Corpus (“Petition”) in which he challenges the constitutionality of his continued detention. For the reasons set forth below, the petition is denied and the action dismissed.
BACKGROUND
Petitioner, Phong Doan, has been in detention awaiting deportation since October 28, 1998. On July 9, 1999 Petitioner filed an application for writ of habeas corpus pursuant to 28 U.S.C. § 1441 , contending that his indefinite detention is in violation of his due process rights guaranteed by the Fifth Amendment.
Petitioner is a native of Vietnam who immigrated to the United States in 1975; and in 1978 his immigration status was adjusted to that of a lawful permanent resident. Petitioner has a lengthy criminal record which includes convictions for felony assault; felon in possession of a firearm; felony conspiracy to commit robbery; misdemeanor conviction for leaving county jail without authorization; and misdemeanor…