MAPP v. RENO

Docket No. 99-2735.

241 F.3d 221 (2001)

Colin MAPP, Petitioner-Appellee, v. Janet RENO, as Attorney General of the United States; Doris Meissner, as Commissioner of the Immigration and Naturalization Service; Edward McElroy, as New York District Director of the Immigration and Naturalization Service; Lynne Underdown, New Orleans District Director of the Immigration and Naturalization Service; Immigration and Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 23, 2001.


Attorney(s) appearing for the Case

Michael P. DiRaimondo, DiRaimondo & Masi, LLP, New York, NY.

Scott Dunn, Assistant United States Attorney, for Loretta E. Lynch, United States Attorney for the Eastern District of New York (Deborah B. Zwany, Varuni Nelson, Assistant United States Attorneys, Patrick Shen, Special Assistant United States Attorney, on the brief).

Before MESKILL, CALABRESI, and SOTOMAYOR, Circuit Judges.


CALABRESI, Circuit Judge:

In this case, we are called upon to determine whether the federal courts have inherent authority to grant bail to habeas petitioners who are being detained by the Immigration and Naturalization Service. The INS argues that the "plenary power" enjoyed by Congress and the executive branch over immigration requires the utmost deference to the Attorney General's decisions with respect to detention of aliens. Consequently, while the federal courts...

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