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VASQUEZ v. RENO

No. 00-1505.

233 F.3d 688 (2000)

Francisco VASQUEZ, Petitioner, Appellant, v. Janet RENO, Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; and Steven J. Farquharson, District Director, Immigration and Naturalization Service (Boston), Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 8, 2000.

Attorney(s) appearing for the Case

James C. Dragon, with whom Edward Hart and Law Office of James C. Dragon P.C. were on brief, for petitioner.

Brenda M. O'Malley, Attorney, Office of Immigration Litigation, U.S. Dep't of Justice, with whom David W. Ogden, Acting Assistant Attorney General, and Terri J. Scadron, Senior Litigation Counsel, were on brief, for respondents.

Before SELYA, BOUDIN and STAHL, Circuit Judges.

SELYA, Circuit Judge.

We are called upon to decide an important question of first impression at the appellate level: Is the Attorney General of the United States the custodian of an alien being held at a federal detention facility (and therefore a proper respondent to that alien's petition for a writ of habeas corpus)? We conclude that, as a general rule, the Attorney General is neither the custodian of such an alien in the requisite sense nor the proper respondent...

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