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HMAIDAN v. ASHCROFT

No. 02 C 5097.

258 F.Supp.2d 832 (2003)

Jalal HMAIDAN, Mohammed Aidouni, Maithan Alzehrani, Keovongsack Pongphra Chanxay, and Den Son, Petitioners, v. John ASHCROFT, Attorney General, Brian R. Perryman, as District Director of the Immigration & Naturalization Service, Immigration & Naturalization Service, United States Department of Justice, Respondents.

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

April 18, 2003.

Attorney(s) appearing for the Case

Douglas M. Hagerman, Thomas Paul Krebs, Jeffrey Andrew Soble, Foley & Lardner, Chicago, IL, Charles G. Roth, Anne G. Relias, Chicago, IL, Christopher J. Werner, Foley & Lardner, Chicago, IL, for Petitioners.

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

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

A group of alien persons in the custody of the Immigration and Naturalization Service seek the writ of habeas corpus on behalf of themselves and on behalf of a class of similarly situated persons. The claim here is not that the INS is acting outside the scope of its regulations; rather, the regulations themselves are attacked as violating the due process clause of our Constitution on their face and...

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