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United States First Circuit


US v. ENCARNACION, 00-1450

Defendant's incarceration while awaiting reinstatement of a removal order was civil in nature, so criminal procedural rules did not apply until the INS contacted the U.S. attorney. Defendant failed to show that the detention was pretextual or purposely dilatory.

Appellate Information

  • Decided 02/15/2001
  • Published 02/15/2001

Judges

  • STAHL, Circuit Judge., Before BOUDIN, STAHL, and LYNCH, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Raymond L. Sanchez Maceira on brief for appellant.

  • For Appellees:
  • Thomas F. Klumper, Assistant United States Attorney, with whom Nelson Perez-Sosa, Assistant United States Attorney, Jorge E. Vega-Pacheco, Assistant United States Attorney, and Guillermo Gil, United States Attorney, were on brief, for appellee.
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