United States Second Circuit

Although plaintiff is in INS custody and thus not barred by the terms of 28 U.S.C. section 2241 from bringing a habeas corpus challenge to his removal order, his petition is dismissed as not ripe because he has not demonstrated any discernible hardship that he would endure as a result of delaying the adjudication of his petition.

Appellate Information

• Decided 04/22/2003
• Published 04/22/2003

Judges

• CALABRESI, Circuit Judge., Before:  CALABRESI, POOLER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randolph Z. Volkell, Merrick, New York, for Appellant.


• For Appellees:
  
• Kristen Chapman, Assistant United States Attorney, for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Steven J. Kim, Varuni Nelson, Assistant United States Attorneys, of counsel), Brooklyn, New York, for Appellee.