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PROBERT v. U.S. I.N.S.

No. 90-CV-73119-DT.

750 F.Supp. 252 (1990)

Robert PROBERT, Plaintiff, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE; Richard A. Thornburgh, Attorney General; Eugene P. McNary, Commissioner, Immigration and Naturalization Service, and James H. Montgomery, District Director, Immigration and Naturalization Service, Defendants.

United States District Court, E.D. Michigan, S.D.

October 31, 1990.

Attorney(s) appearing for the Case

Marshal E. Hyman, Birmingham, Mich., Harold S. Fried, Southfield, Mich., for plaintiff.

L. Michael Wicks, Asst. U.S. Atty., Detroit, Mich., for defendants.

OPINION

GILMORE, District Judge.

This matter is before the Court upon Plaintiff's Complaint seeking declaratory judgment and preliminary and permanent injunctions against Defendants from enforcing 8 U.S.C. § 1252 in detaining Plaintiff.

Plaintiff was sentenced by Judge Duggan of this Court on October 17, 1989 to a term of three months, with a special recommendation that he be incarcerated in an institution with a substance abuse program. He...

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