At page 49 Defining custody under habeas corpus for various deprivations10 citing casesholding that petitioner's removal from the bench, loss of license to practice law, and disqualification from being licensed as a real estate broker or insurance agent was not custody
- Emily Vega v. Eric T. Schneiderman, 861 F.3d 72 (2d Cir. 2017).published(petitioner’s removal from the bench, revocation of his license to practice law, and disqualification as a real estate broker and insurance agent did not satisfy the custody requirement)
- Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).published See, e.g., Barnickel v. United States, 113 F.3d 704, 706 (7th Cir. 1997) (restitution); United States v. Michaud, 901 F.2d 5, 7 (1st Cir. 1990) (per curiam) (monetary fine); Lefkowitz v. Fair, 816 F.2d 17, 20 (1st Cir. 1987) (suspension of…
- Elbert W. Williamson v. Christine O. Gregoire, 151 F.3d 1180 (9th Cir. 1998).publishedBarnickel v. United States, 113 F.3d 704, 706 (7th Cir.1997) (restitution); Smullen v. United States, 94 F.3d 20, 25 (1st Cir.1996) (restitution); United States v. Gaudet, 81 F.3d 585, 592 (5th Cir.1996) (fine); United States v. Watroba, 5…
- Barry v. Bergen Cty Prob., No. 96-5577 (3d Cir. Oct. 22, 1997). Likewise, several courts have held that the imposition of certain civil disabilities does not constitute "custody." See, e.g., Lefkowitz, , 816 F.2d at 20 (revocation of medical license is not custody); Lillios v. New Hampshire, 788 F.2d 6…
- Barry v. Bergen Cnty. Prob. Dep't, 128 F.3d 152 (3d Cir. 1997).published Likewise, several courts have held that the imposition of certain civil disabilities does not constitute "custody." See, e.g., Lefkowitz,, 816 F.2d at 20 (revocation of medical license is not custody); Lillios v. New Hampshire, 788 F.2d 60…
- Alan Lefkowitz v. Michael Fair, Comm'r, Dep't of Corr., Arif Hussain v. Michael Fair, Etc., Alan Lefkowitz, 816 F.2d 17 (1st Cir. 1987).publishedE.g., Ginsberg v. Abrams, 702 F.2d 48, 49 (2d Cir.1983) (per curiam) (judge’s removal from the bench, loss of right to practice law, and disqualification from licensure as real estate or insurance agent insufficient to constitute “custody”…
- White v. LaClair, No. 1:19-cv-01283, 2021 WL 200857 (E.D.N.Y Jan. 19, 2021).See Ginsberg v. Abrams, 702 F.2d 48, 49 (2d Cir. 1983) (per curiam) (holding that the revocation of law, real estate, and insurance licenses did not render petitioner in custody).
- Phelps v. Barbara, 162 F.3d 1174 (3d Cir. 1998).published (holding that petitioner's removal from the bench, loss of license to practice law, and disqualification from being licensed as a real estate broker or insurance agent was not custody)
- Phelps v. Barbara, No. 97-3385 (10th Cir. Oct. 7, 1998).unpublished (holding that petitioner’s removal from the bench, loss of license to practice law, and disqualification from being licensed as a real estate broker or insurance agent was -5- not custody)
Other citing cases
- Thomas v. U.S. Marshal, Lexington, Ky., 786 F.2d 1166 (6th Cir. 1986).unpublished
v.
Robert ABRAMS, as Attorney General of the State of New York, Respondent-Appellee
This appeal is taken from a judgment of the United States District Court for the Eastern District of New York, I. Leo Glas-ser, Judge, dismissing a petition for a writ of habeas corpus on grounds that petitioner was not a “prisoner” “in custody,” as required by 28 U.S.C. § 2241(c). Petitioner’s argument that his removal from the bench of the Nassau Family Court, the revocation of his professional license to practice law, and his disqualification from being licensed as a real estate broker or insurance agent so greatly limited his economic mobility as to constitute “custody” is rejected and the dismissal of the petition is affirmed. Petitioner was convicted in the County Court of Nassau County, New York, of perjury before a grand jury looking into his receipt of money while serving as a New York State Assemblyman. People v. Ginsberg, 80 Misc.2d 921, 364 N.Y.S.2d 260 (1974), aff’d, 50 A.D.2d 804, 375 N.Y.S.2d 855 (2d Dep’t 1975). He was sentenced to an unconditional discharge, a disposition that entails neither imprisonment, fine, nor probation supervision. New York Penal Law § 65.20 (McKinney 1975). Fleming v. Abrams, 522 F. Supp. 1203 (S.D.N.Y.1981), aff’d, 697 F.2d 290 (2d Cir.1982); Ostrer v. Aronwald, 434 F.Supp. 396, 398-99 (S.D.N.Y.), aff’d, 567 F.2d 551 (2d Cir.1977).