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LANGHORNE v. ASHCROFT

No. 02-2583.

377 F.3d 175 (2004)

Kewen B. LANGHORNE, Petitioner-Appellant, v. John ASHCROFT, Attorney General; Commissioner of the Immigration and Naturalization Service; Frances Holmes, District Director; Charles Mule, Facility Director, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 3, 2004.

Attorney(s) appearing for the Case

Aileen Monahan, Law Student, BLS Legal Services Corp., Brooklyn, N.Y. (Stacy Caplow, of counsel, Anastasia Heeger, Lindsey Jones, law students on the brief) for Petitioner-Appellant.

David S. Rubenstein, Assistant United States Attorney, New York, N.Y. (David N. Kelley, United States Attorney, on the brief, and Sara L. Shudofsky, Assistant United States Attorney, of counsel), for Respondents-Appellees.

Before: FEINBERG, MESKILL, JACOBS, Circuit Judges.

JACOBS, Circuit Judge.

Kewen B. Langhorne immigrated to the United States as a child over twenty years ago and has spent the last thirteen years in and out of jail. After his most recent criminal conviction in New York state, the Immigration and Naturalization Service ("INS")1 successfully initiated removal proceedings against Langhorne. After losing an administrative appeal of his removal order, Langhorne sought habeas corpus relief ...

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