Callender v. Shanahan et al
Dejuan Callender |
Christopher Shanahan, Kenneth Decker, U.S. Department of Homeland Security, John Kelly and Sally Yates |
1:2017cv00613 |
January 26, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Paul G. Gardephe |
General |
28 U.S.C. ยง 2241 |
None |
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Filing 27 OPINION AND ORDER: Although Callender's circumstances are sympathetic, and his detention (however calculated) has been lengthy, "it is not indefinite in the sense that concerned the Supreme Court in Zadvydas." Khemlal, 2014 WL 502059 6, at *5. For the reasons set forth above, petitioner has not shown that he is entitled to relief under Zadvydas, and has therefore failed to demonstrate that he is "in custody in violation of the Constitution or laws or treaties of the Unite d States" as required for habeas corpus relief under 28 U.S.C. § 2241(c)(3). The petition is DENIED. The Clerk of Court is respectfully directed to close the case. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/13/2017) (cf) |
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