Habtegaber v. Jenifer.

• Position: Alien files civil rights lawsuit - Brief Article

U.S. District Court

ALIEN

Habtegaber v. Jenifer, 213 F.Supp.2d 792 (E.D.Mich. 2002). An alien filed a petition for a writ of habeas corpus, challenging the constitutionality of a statute that requires detention of criminal aliens pending removal proceedings. The district court agreed to address the merits of the petition without requiring administrative exhaustion, and conditionally granted the petition. The court held that the statute violated a lawful permanent resident alien's right to substantive due process under the Fifth Amendment. According to the court, the...