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CONSTANZA v. RILEY

No. CIV.A.03-2414.

259 F.Supp.2d 418 (2003)

Joel CONSTANZA v. William RILEY et al.

United States District Court, E.D. Pennsylvania.

May 1, 2003.

Attorney(s) appearing for the Case

Joel Constanza, pro se.

Stephen Britt, U.S. Attorney's Office, Philadelphia, PA, for U.S.

MEMORANDUM

DALZELL, District Judge.

Before us is Joel Constanza's pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We consider it at some length because it raises the problem of what procedure district courts should follow when presented with a § 2241 petition asserting that a criminal alien deportee is, in fact, a United States "national".

According to the petition, Constanza is a native and citizen...

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