United States Third Circuit

The scope of review under 28 U.S.C. section 2241 is confined to questions of constitutional and statutory law; it does not provide jurisdiction to review discretionary determinations or factual findings of the INS. To rule otherwise would be to erase the distinction between "judicial review" and habeas review.

Appellate Information

• Argued 10/14/2003
• Decided 03/10/2004
• Published 03/10/2004

Judges

• Before SLOVITER, ROTH and CHERTOFF, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven A. Morley, (Argued), Morley, Surin & Griffin, Philadelphia, for Appellant.


• For Appellees:
  
• Sonya F. Lawrence, (Argued), Office of United States Attorney, Philadelphia, for Appellees.