Neil JEAN-BAPTISTE, Gustavo Enrique Cepeda-Torres, and Victor Israel Santana, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
Janet RENO, Attorney General of the United States of America, and Immigration and Naturalization Service, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Filed July 6, 1998.
Decided May 17, 1999.
Attorney(s) appearing for the Case
Antonio C. Martinez, New York, New York (Eladio A. Torres, Law Office of Antonio C. Martinez, New York, New York, of counsel), for Plaintiffs-Appellants.
Quynh Vu, Washington, D.C. (Frank W. Hunger, Assistant Attorney General, Civil Division, Donald E. Keener, Deputy Director, Emily Anne Radford, Senior Litigation Counsel, Michele Y.F. Sarko, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C.; Zachary W. Carter, U.S. Attorney, Scott Dunn, Mary Elizabeth Delli-Pizzi, Assistant U.S. Attorneys, Eastern District of New York, Brooklyn, New York, of counsel), for Defendants-Appellees.
Before: KEARSE, CARDAMONE, Circuit Judges, and LEISURE, District Judge.
United States Court of Appeals, Second Circuit.
PER CURIAM.
On petition for rehearing, defendants urge us to modify the holding of Jean-Baptiste v. Reno,144 F.3d 212 (2d Cir. 1998), insofar as it recognized the availability of habeas corpus review under 28 U.S.C. § 2241 for criminal aliens barred from direct appellate review by 8 U.S.C. § 1252(a)(2)(C) & (g). Although that holding has since been criticized by another panel of this Court, see Henderson v...
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