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HERRERO-RODRIGUEZ v. BAILEY

Civil No. 01-4472 (JBS).

237 F.Supp.2d 543 (2002)

Humberto HERRERO-RODRIGUEZ, Petitioner, v. Nancy BAILEY, Warden, Respondent.

United States District Court, D. New Jersey.

December 18, 2002.

Attorney(s) appearing for the Case

Humberto Herrero-Rodriguez, Fort Dix, NJ, Pro se.

Christopher Christie, United States Attorney by John Andrew Ruymann, Assistant U.S. Attorney, Trenton, NJ, for Respondent.

OPINION

SIMANDLE, District Judge.

This matter is before the Court upon petitioner Humberto Herrero-Rodriguez's application for habeas corpus relief pursuant to 28 U.S.C. § 2241. Petitioner, a Mariel Cuban, is an alien who has been detained by the Immigration and Naturalization Service ("INS") since April 20, 1998. Petitioner is seeking habeas corpus relief on the basis of the recent United States Supreme Court case of Zadvydas v. Davis,

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