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FORBES v. PERRYMAN

No. 02 C 4254.

222 F.Supp.2d 1076 (2002)

Lincoln FORBES, Petitioner, v. Brian PERRYMAN, District Director of the Immigration and Naturalization Service, the United States of America, and John Ashcroft, Attorney General of the United States, Respondents.

United States District Court, N.D. Illinois, Eastern Division.

October 3, 2002.

Attorney(s) appearing for the Case

Stanley J. Horn, Azulay, Horn, Villasuso & Yoo, Chicago, IL, for Petitioner.

Sheila McNulty Entenman, United States Attorney's Office, Chicago, IL, for Respondents.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Lincoln Forbes is in custody of the Immigration and Naturalization Service ("INS") pending the administrative appeal of an order of removal. He claims that the denial of release on bond pending his appeal violates his substantive and procedural due process rights, and he seeks a writ of habeas corpus. The government has not answered the petition, but moves to dismiss it for failure to state...

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