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Keywords

jurisdictionappealhearinghabeas corpusparoledue processasylumimmigration lawliens

hearinghabeas corpusdue processasylum

Related Cases

Zubeda v. Elwood

Facts

The alien was apprehended while attempting to illegally enter the United States by means of a false passport. The alien was excepted from immediate removal because of her intention to apply for asylum, and the INS detained her while her asylum application was pending. An immigration judge (IJ) vacated her expedited removal order, but the Board of Immigration Appeals vacated the IJ's decision. While the matter was before the court of appeals, the alien's detention continued, though she sought to be paroled. The district court found that it had jurisdiction over the matter.

Issue

Whether the petitioner is entitled to a bond hearing while challenging her detention by the INS as an inadmissible alien.

Rule

The power of a federal court to grant a writ of habeas corpus under 2241 extends to any prisoner who is in custody in violation of the Constitution or laws or treaties of the United States.

The power of a federal court to grant a writ of habeas corpus under 2241 extends to any prisoner who 'is in custody in violation of the Constitution or laws or treaties of the United States.'

Analysis

The court determined that the petitioner, as an inadmissible alien who had never entered the United States, was not entitled to the same Due Process protections as those who had entered. The court emphasized that the distinction between aliens who have entered the country and those who have not is well established in immigration law, and thus the petitioner had no constitutional right to a bond hearing.

The court determined that the petitioner, as an inadmissible alien who had never entered the United States, was not entitled to the same Due Process protections as those who had entered.

Conclusion

The district court denied the alien's petition for writ of habeas corpus, concluding that she was not entitled to a bond hearing.

Who won?

The government prevailed in the case because the court found that the petitioner, as an inadmissible alien, was not entitled to a bond hearing.

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Keywords

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