United States Seventh Circuit

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Kholyavskiy v. Achim, 05-2893

Dismissal of habeas corpus petition by immigrant awaiting removal after criminal conviction is affirmed where the petitioner should have named the warden of the prison in which he was detained as defendant instead of naming DHS officials, the Secretary of Homeland Security and the Attorney General.

Appellate Information

  • Argued 01/04/2006
  • Decided 04/17/2006
  • Published 04/17/2006

Judges

  • RIPPLE, Circuit Judge., Before CUDAHY, RIPPLE and KANNE, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Maria T. Baldini-Potermin (argued), Pollock & Associates, Chicago, IL, for Petitioner-Appellant.

  • For Appellees:
  • Sheila M. McNulty (argued), Office of United States Attorney, Chicago, IL, Alberto R. Gonzales, Dept. of Justice, Office of Attorney General, Washington, DC, for Respondents-Appellees.
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