District Court May Construe 28 USC 2254 Petition As 28 USC 2241 Petition
In Idokogi v. Ashcroft, No. 02-6721 (4th Cir. Sep. 10, 2002), the court upheld the District Court's orders denying relief on his petition filed under 28 USC 2254 and denying reconsideration, since the court found that the Petitioner did not make a substantial showing of the denial of a constitutional right. In Idokogi v. Ashcroft, No. 02-6753 (4th Cir. Sep. 10, 2002), the court upheld the District Court's orders construing his 28 USC 2254 petition as a 28 USC 2241 petition and denying reconsideration, since the orders were neither a final order nor an an appealable interlocutory or collateral order, and the circuit court thus did not have jurisdiction.
Share this page
Bookmark this page
The leading immigration law publisher - over 50000 pages of free information!
© Copyright 1995- American Immigration LLC, ILW.COM