Don BEHARRY, also known as Donald Beharry, Petitioner-Appellee,
v.
John ASHCROFT, Attorney General of the United States; James Ziglar, Commissioner of the Immigration and Naturalization Service; Edward McElroy, District Director of the Immigration and Naturalization Service, New York District; Immigration and Naturalization Service, Respondents-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: January 30, 2003.
Decided: May 1, 2003.
Attorney(s) appearing for the Case
Robert M. Loeb, United States Department of Justice, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Donald E. Keener, Anne Murphy, United States Department of Justice, Washington, D.C.; Alan Vinegrad, United States Attorney for the Eastern District of New York, Brooklyn, NY, on the brief) for Respondents-Appellants.
Jennifer M. Green, Center for Constitutional Rights, New York, N.Y. (Judith Brown Chomsky, William Goodman, Center for Constitutional Rights, New York, NY; Nancy Kelly, Harvard Immigration & Refugee Clinic of Greater Boston Legal Services and Harvard Law School, Boston, MA; Genet Getachew, Brooklyn, NY; Paul Hoffman, Schonbrun DeSimone Seplow Harris & Hoffman LLP, Venice, CA, on the brief) for Petitioner-Appellee.
Martin S. Kaufman, New York, NY; John H. Findley, J. David Breemer, Sacramento, CA, submitted a brief for amici curiae Atlantic Legal Foundation and Pacific Legal Foundation.
Professor William J. Aceves, California Western School of Law, San Diego, CA; Professor Joan Fitzpatrick, University of Washington Law School, Seattle, WA; Franklin Siegel, City University of New York School of Law, Flushing, NY, submitted a brief for amici curiae International Human Rights Organizations.
Before: JACOBS, CALABRESI, and SOTOMAYOR, Circuit Judges.
United States Court of Appeals, Second Circuit.
SOTOMAYOR, Circuit Judge.
Respondent John Ashcroft, Attorney General of the United States, appeals from a judgment of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge) granting petitioner Don Beharry a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under § 212(h) of the Immigration and Naturalization Act ("INA")....
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