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DOHERTY v. THORNBURGH

No. 90 Civ. 2676 (MGC).

750 F.Supp. 131 (1990)

Joseph Patrick Thomas DOHERTY, Petitioner, v. Richard L. THORNBURGH, Attorney General of the United States, Gene McNary, Commissioner of the Immigration and Naturalization Service, and Scott Blackman, District Director of the Immigration and Naturalization Service, New York District, Respondents.

United States District Court, S.D. New York.

November 5, 1990.

Attorney(s) appearing for the Case

Somerstein & Pike by Stephen A. Somerstein, Mary Boresz Pike, New York City, for petitioner.

Otto G. Obermaier, U.S. Atty., for the S.D.N.Y., with Claude M. Millman, Stacey J. Moritz, New York City, for respondents.

OPINION AND ORDER

CEDARBAUM, District Judge.

Joseph Patrick Thomas Doherty, an illegal alien in custody pending deportation, petitions for a writ of habeas corpus on a narrow ground. He contends that the due process clause of the Fifth Amendment of the Constitution prohibits his prolonged detention and mandates his release on bond notwithstanding that the Board of Immigration Appeals ("BIA") has fairly and reasonably determined that he is a deportable

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