Bolante v. Achim, 457 F.Supp.2d 896

Christian Schmidt

Case Conclusion Date:October 18, 2006

Practice Area:Immigration

Outcome:Habeas Corpus: Dismissed but court expressed serious concerns about government conduct

Description:Pursuant to 28 U.S.C. § 2241, petitioner Jocelyn Isada Bolante, a Philippine national who is presently confined in the Kenosha County jail, seeks a writ of habeas corpus or, alternatively, release on bond. Petitioner alleges that the United States ("the government") is detaining him without due process of law while seeking to remove him from the country. The government alleges that petitioner is removable under INA § 212(a)(7)(A)(i)(I)[1] because he does not possess "a valid immigrant visa." Petitioner is currently contesting removal in a proceeding before an immigration judge ("IJ") in Chicago.