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DIAZ-ZALDIERNA v. FASANO

No. 99-CV-286 BTM (JAH).

43 F.Supp.2d 1114 (1999)

Martin DIAZ-ZALDIERNA, Petitioner, v. Adele FASANO, District Director San Diego District, United States Immigration and Naturalization Service, Respondent.

United States District Court, S.D. California.

March 16, 1999.

Attorney(s) appearing for the Case

Carolyn Chapman, Attorney at Law, Coronado, CA, for petitioner.

Charles G. LaBella, United States Attorney, Samuel W. Bettwy (argued), Special Assistant United States Attorney, San Diego, CA, for respondent.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

MOSKOWITZ, District Judge.

Petitioner, a deportable legal permanent resident alien, has filed a petition for writ of habeas corpus under 28 U.S.C. § 2241. Petitioner challenges the constitutionality of the Attorney General's lack of discretion, under 8 U.S.C. § 1226(c), to release him on bail pending the outcome of his removal proceedings (referred to interchangeably as "deportation" proceedings...

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