Document Type
Article
Publication Date
8-27-1991
Abstract
Petitioner-appellant Joseph Patrick Thomas Doherty appeals from a judgment entered on November 13, 1990 in the United States District Court for the Southern District of New York (Cedarbaum, J.) denying his petition for a writ of habeas corpus. The petition is grounded on Doherty's prolonged detention without bond pending deportation as an illegal alien. Doherty has been held in detention since June, 1983 while extradition and deportation proceedings to return him to the United Kingdom, where he was convicted of murder, have been pending. An appeal in a separate action in which Doherty seeks political asylum in this country will be heard by the Supreme Court of the United States during its October, 1991 term. On appeal in this case, Doherty argues that his prolonged detention without bail violates the substantive due process clause of the fifth amendment. We hold that, under the circumstances revealed here, the eight-year detention of Doherty does not violate the fifth amendment, and we affirm the denial of the petition.
Recommended Citation
Miner, Roger J., "Doherty v. Thornburgh, 943 F. 2d 204 - Court of Appeals, 2nd Circuit 1991" (1991). Circuit Court Opinions. 331.
https://digitalcommons.nyls.edu/circuit_opinions/331
Comments
943 F.2d 204 (1991)
Joseph Patrick Thomas DOHERTY, Petitioner-Appellant,
v.
Richard L. THORNBURGH, Attorney General of the United States; Gene McNary, Commissioner of the Immigration and Naturalization Service; and, Scott Blackman, District Director of the Immigration and Naturalization Service, New York District, Respondents-Appellees.
No. 1402, Docket 91-2044. United States Court of Appeals, Second Circuit.
Argued May 6, 1991.
Decided August 27, 1991.
New York Law School location: File #1212, Box #127