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Is The Attorney General The Custodian Of An Ins Detainee? Personal Jurisdiction And The“Immediate Custodian” Rule In Immigration-Related Habeas Actions, Rachel Rosenbloom

Rachel E. Rosenbloom

This article argues that the immediate custodian rule has no place in the adjudication of immigration-related habeas actions. I propose that in place of this rule, courts should require only that an appropriate respondent, which may include the Attorney General, be served within the court's jurisdiction; after that, the proper forum should be determined through a venue analysis that considers factors such as the location of witnesses, the location of evidence, and convenience to the parties. Part I provides a brief overview of the use of habeas corpus petitions by INS detainees. Part II situates the custodian debate within relevant …