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PROBERT v. I.N.S.

No. 91-1055.

954 F.2d 1253 (1992)

Robert Alan PROBERT, Plaintiff-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE; Richard A. Thornburgh, Attorney General; Eugene P. McNary, Commissioner, Immigration and Naturalization Service; James H. Montgomery, District Director, Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 29, 1992.

Attorney(s) appearing for the Case

Seymour Glanzer, Edward N. Leavy, Roslyn A. Mazer (briefed), Washington, D.C., Marshal E. Hyman, Marshal E. Hyman & Associates, Birmingham, Mich., Harold S. Fried, Fried, Saperstein, De Vine & Kohn, Southfield, Mich., Mark J. Kriger (argued), Detroit, Mich., for plaintiff-appellee.

L. Michael Wicks, Asst. U.S. Atty., Detroit, Mich., David J. Kline, U.S. Dept. of Justice, Civ. Div., Washington, D.C., David V. Bernal (argued and briefed), Office of Immigration Litigation, Washington, D.C., for defendants-appellants.

Before MARTIN and NELSON, Circuit Judges, and JARVIS, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The Immigration and Naturalization Service appeals the order of the district court permanently enjoining them from detaining Robert Probert while deportation hearings are pending. The Immigration and Naturalization Service argues the district court erred in finding 8 U.S.C. § 1252(a)(2) unconstitutional as a denial of substantive and procedural due process and the right to be free from cruel and unusual punishment.

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