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SENGCHANH v. LANIER

No. Civ.A. 197CV3204WBH.

89 F.Supp.2d 1356 (2000)

Sivilay SENGCHANH, Petitioner, v. Sheriff Jack LANIER, Colquitt County Jail Administrator, and Thomas P. Fischer, District Director, Immigration and Naturalization Service, Respondents.

United States District Court, N.D. Georgia, Atlanta Division.

January 28, 2000.

Attorney(s) appearing for the Case

Sivilay Sengchanh, Moultrie, GA, pro se.

Charles H. Kuck, Schwartz Kuck & Associates, Atlanta, GA, for Sivilay Sengchanh, petitioner.

Lori M. Beranek, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, for Thomas P. Fisher, District Director, United States Immigration and Naturalization Service, respondent.

ORDER

HUNT, District Judge.

Petitioner Sivilay Sengchanh petitions the Court for a writ of habeas corpus [1] on the grounds that his prolonged detention pending deportation violates his substantive and procedural due process rights under the Fifth Amendment and his Eighth Amendment right to be free from cruel and unusual punishment. The Magistrate Judge assigned this case recommends that the writ be denied and the case dismissed. Before the Court...

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