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KELLY v. FARQUHARSON

No. CIV.A. 02-10884-PBS.

256 F.Supp.2d 93 (2003)

Liam Brent KELLY, Petitioner, v. Steven J. FARQUHARSON; Immigration and Naturalization Service; Sheriff Thomas Hudson; and Bristol County Jail, Respondents.

United States District Court, D. Massachusetts.

April 3, 2003.

Attorney(s) appearing for the Case

Liam Brent Kelly, [Pro se], Bristol County House of Correction, New Bedford, Lenore Glaser, Law Office of Lenore Glaser, Boston, for Liam Brent Kelly, Petitioner.

Frank Crowley, Immigration and Naturalization Service, Jeremy M. Sternberg, United States Attorney's Office, John Joseph Moakley Federal Courthouse, Boston, for Stephen Farquharson, Respondent.

MEMORANDUM AND ORDER

SARIS, District Judge.

Habeas petitioner Liam Brent Kelly, a non-criminal detainee from Canada, challenges the order of removal issued by the Immigration and Naturalization Service ("INS") on the grounds: (1) that he was denied his constitutional right of access to the Board of Immigration Appeals ("BIA") and the courts; and (2) that prior to the 1996 amendments to the Immigration and Nationality Act, he would have been eligible...

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