Hernandez v Winn D. Mass. Case No. 4:05-cv-40068-PBS

Kevin Barron

Practice Area:Federal Crime

Outcome:Prisoner released not to be re arrested

Description:Post-conviction detained released on 2241 petition after sixteen years of post-sentence incarceration. Wheelchair-bound Mariel Boat Lift detainee held at FMC Fort Devens after winding up New York sentence. Detainee had no immigration status although lawfully admitted, could not be returned to country of origin. Defendant remanded indefinitely to Bureau of Prisons. Landmark application of Clark v. Martinez, 125 S.Ct. 716, 160 L.Ed.2d 734 (U.S. 01/12/2005).