CUESTA MARTINEZ v. I.N.S.

No. CIV.A. 1:CV-99-1881.

97 F.Supp.2d 647 (2000)

Hilario Gerardo CUESTA MARTINEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States District Court, M.D. Pennsylvania.

May 17, 2000.


Attorney(s) appearing for the Case

Hilario Cuesta-Martinez, Norristown, PA, pro se.

Kate L. Mershimer, U.S. Attorneys Office, Harrisburg, David Barasch, [pro se], U.S. Attorney's Office, Harrisburg, PA, for Immigration and Naturalization Service, respondents.


MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Hilario Gerardo Cuesta Martinez, a deportable alien, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241. The petitioner contends that his prolonged detention in INS custody awaiting deportation while the INS finds a country that will accept him violates his right to procedural and substantive due process under the fifth amendment.

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