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FORBES v. PERRYMAN

No. 02 C 4254.

244 F.Supp.2d 947 (2003)

Lincoln FORBES, Plaintiff, 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.

February 14, 2003.

Attorney(s) appearing for the Case

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

Sheila McNulty Entenman, U.S. Attorney's Office, Chicago, IL, for respondents.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Lincoln Forbes is in the custody of the Immigration and Naturalization Service ("INS") pending the administrative appeal of an order of removal. He claims that the denial of the possibility of release on bond pending his appeal violates his substantive and procedural due process rights, and he seeks a writ of habeas corpus. I grant the petition.

I.

The facts, as stated in...

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