· 9/18/1998
Federal Case
Citations
- 157 F.3d 106
- 1998 U.S. App. LEXIS 24393
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that statutory claims \affecting the substan- tial rights of aliens of the sort the courts have secularly enforced\ are subject to habeas review
- holding that the amended statute has an impermissibly retroactive effect on pre-April 24, 1996, cases that already had been “initiated before the date of [the AEDPA’s] enactment”
- noting that a writ of habeas corpus is ordinarily served on \the individual with day-to-day control over\ the prisoner
- noting that question of retroactive application to criminal convictions occurring prior to April 24, 1996 was broader than question of whether amendments applied to cases pending on that date
- relying on earlier decision in Jean-Baptiste v. Reno, 144 F.3d 212 (2d Cir. 1998), and concluding that without express reference to S 2241 it would not find bar on federal courts' habeas jurisdiction
- declining to decide, but discussing whether Attorney General can be custodian
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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