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O'ROURKE v. WARDEN, METROPOLITAN CORRECTION CENTER

No. 81 Civ. 4369 (MEL).

539 F.Supp. 1131 (1982)

Michael O'ROURKE, Petitioner, v. WARDEN, METROPOLITAN CORRECTION CENTER, Respondent.

United States District Court, S. D. New York.

May 24, 1982.

Attorney(s) appearing for the Case

Charles A. Glackin, New York City, for petitioner; Willard H. Myers, III, Wasserman, Orlow, Ginsberg & Rubin, Philadelphia, Pa., of counsel.

John S. Martin, Jr., U. S. Atty., S. D. N. Y., New York City, for respondent; Jane E. Bloom, Asst. U. S. Atty., New York City, of counsel.

LASKER, District Judge.

Michael O'Rourke petitions for a writ of habeas corpus on the ground that he is being unlawfully held without bail pending resolution of his deportation proceedings.

I.

O'Rourke was arrested by agents of the Immigration and Naturalization Service ("INS") early in November, 1979, on charges of being a deportable alien because of illegal entry under 8 U.S.C. § 1251(a)(2). The District Director of the INS, pursuant to 8...

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