This Note argues that the INS may obtain custody over aliens for habeas corpus purposes by filing detainers with their respective prisons. Part I traces the history of habeas corpus and the expanding meaning that U.S. courts have given the term “custody.” Part I also illustrates the difficulty of defining a detainer for custodial purposes. Part II sets forth the approaches that courts use to determine the custodial effects of INS detainers. Part III submits that courts should review the intent behind the filing of an INS detainer to ascertain properly a detainer's custodial effect. This Note concludes that a court should base its interpretation of an INS detainer's meaning on the intent and understanding of the authorities that file and process the detainer.
Jonathan E. Stempel,
Custody Battle: The Force of U.S. Immigration and Naturalization Service Detainers Over Imprisoned Aliens,
14 Fordham Int'l L.J. 741
Available at: http://ir.lawnet.fordham.edu/ilj/vol14/iss3/7