ARIAS v. ROGERS

No. 81-1936.

676 F.2d 1139 (1982)

Jose Orlando ARIAS and Jose Rene Arias, Petitioners, v. Joel ROGERS, Acting District Director of the U. S. Immigration and Naturalization Service, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 11, 1982.


Attorney(s) appearing for the Case

Alan M. Freedman, Bruce H. Bornstein, Freedman & Bornstein, Virgil W. Mungy, Terry Hepp, Virgil W. Mungy & Associates, Chicago, Ill., for petitioners.

Edward J. Moran, Asst. U. S. Atty., Dan K. Webb, U. S. Atty., Frederick H. Branding, Chief, Civ. Div., James T. Hynes, Asst. U. S. Attys., Chicago, Ill., for respondents.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and POSNER, Circuit Judge.


POSNER, Circuit Judge.

This appeal from the denial of a petition for a writ of habeas corpus requires us to consider a question of first impression in this circuit: whether someone who is in custody because the government is trying to deport him may test the legality of his detention in a habeas corpus proceeding after formal deportation proceedings have begun but before a final order of deportation has issued.

At about 3:30 p. m. on May 20, 1981, criminal...

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