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VELASQUEZ v. RENO

No. CIV. A. 99-806 MTB.

37 F.Supp.2d 663 (1999)

Jose VELASQUEZ, Petitioner, v. Janet RENO, Attorney General; Doris Meissner, Commissioner of the Immigration & Naturalization Service; Andrea Quarantillo, District Director; Colleen S. Passifiume, Assistant District Director for Detention and Deportation; and Ralph Green, Warden, Hudson County Correctional Center, Respondents.

United States District Court, D. New Jersey.

April 5, 1999.

Attorney(s) appearing for the Case

Thomas E. Moseley, Newark, NJ, for Plaintiff.

Judy Rabinovitz, American Civil Liberties Union of New Jersey, Newark, NJ, for ACLUF.

Faith S. Hochberg, United States Attorney by Collette R. Buchanan, Newark, NJ, for Defendants.

OPINION

BARRY, District Judge.

On December 16, 1998, based on a nineteen year old conviction for which he received probation, petitioner, Jose Velasquez, was taken into custody by agents of the Immigration and Naturalization Service ("INS"). Petitioner is being mandatorily detained, without bond and without a hearing on bond, pursuant to section 236(c) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1226(c), pending removal proceedings...

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