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Second Circuit Review: Habeas Petitioner’s Challenge to State Ruling: Jurisdiction
February 27, 2008 Full PDF
Litigation partners Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the February 27 issue of the New York Law Journal. The article reports on the recent decision by the U.S. Court of Appeals for the Second Circuit in Ogunwomoju v. United States, where the court ruled that a petitioner being held in immigration detention or under an order of removal as a result of a state court conviction is not "in custody" pursuant to the judgment of a state court for purposes of establishing jurisdiction to consider a habeas challenge to that conviction. Litigation associate Mitchell Zeff assisted in the preparation of this column.