OGUNWOMOJU v. U.S.

Docket Nos. 06-3734-pr, 06-4424-ag.

512 F.3d 69 (2008)

Adeniyi OGUNWOMOJU, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. Adeniyi Ogunwomoju, Petitioner, v. People of the State of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2008.


Attorney(s) appearing for the Case

Ogunwomoju Adeniyi, Gardens, NY, pro se.

Sue Chen, Special Assistant United States Attorney (Michael J. Garcia, United States Attorney for the Southern District of New York; David S. Jones, Assistant United States Attorney, on the brief), New York, NY.

Before: MESKILL, MINER, and CABRANES, Circuit Judges.


MINER, Circuit Judge:

The question presented, one of first impression for this Court, is whether a petitioner in immigration detention or under an order of removal as a consequence of a state conviction is "in custody" within the meaning of the statute providing for a writ of habeas corpus to challenge such a conviction. We join our sister circuits that have considered the issue in holding that immigration detention is not...

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