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  • Taylor v. INS, 16 F.3d 401, 1st Cir. (1994)

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    Maxwell Taylor appealed the denial of his petition for a writ of habeas corpus challenging his deportation order. The First Circuit affirmed the district court's denial, finding that the Attorney General had not exceeded the six-month period allowed under the law to effect deportation, as that period had not yet begun due to Taylor seeking judicial review of the administrative deportation order.

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    Filed: 1994-02-11 Precedential Status: Non-Precedential Citations: 16 F.3d 401 Docket: 93-1776

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    Maxwell Taylor appealed the denial of his petition for a writ of habeas corpus challenging his deportation order. The First Circuit affirmed the district court's denial, finding that the Attorney General had not exceeded the six-month period allowed under the law to effect deportation, as that period had not yet begun due to Taylor seeking judicial review of the administrative deportation order.

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    Taylor v. INS, 16 F.3d 401, 1st Cir. (1994)

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    Maxwell Taylor appealed the denial of his petition for a writ of habeas corpus challenging his deportation order. The First Circuit affirmed the district court's denial, finding that the Attorney General had not exceeded the six-month period allowed under the law to effect deportation, as that period had not yet begun due to Taylor seeking judicial review of the administrative deportation order.

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    of 2

    16 F.

    3d 401
    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be
    cited only in related cases.

    Maxwell M. TAYLOR, Petitioner, Appellant,


    v.
    Charles T. COBB, DISTRICT DIRECTOR, U.S.
    IMMIGRATION &
    NATURALIZATION SERVICE, Respondent, Appellee.
    No. 93-1776.

    United States Court of Appeals,


    First Circuit.
    February 11, 1994

    Appeal from the United States District Court for the District of
    Massachusetts
    Maxwell M. Taylor, on brief pro se.
    A. John Pappalardo, United States Attorney, and Naomi G. Litvin, Special
    Assistant United States Attorney, Department of Justice, Immigration &
    Naturalization Service, on brief for appellee.
    D.Mass.
    AFFIRMED.
    Before Breyer, Chief Judge, Selya and Cyr, Circuit Judges.
    Per Curiam.

    We have reviewed the parties' briefs and the record on appeal. We find no error
    in the district court's denial of the petition for writ of habeas corpus. The
    Attorney General has six months from the date of the final administrative order
    of deportation, or, if judicial review is sought (such as was the case here), six
    months from the date of final order of this court, to effect deportation. 8 U.S.C.
    Sec. 1252(c). That period had not expired at the time of Taylor's habeas

    petition. Indeed, it has not yet commenced to run.


    2

    Affirmed.

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