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LEADER v. BLACKMAN

No. 90 Civ. 1218 (GLG).

744 F.Supp. 500 (1990)

Anthony Charles LEADER, Petitioner, v. Scott BLACKMAN, Acting District Director, Immigration and Naturalization Service, New York District, Respondent.

United States District Court, S.D. New York.

August 8, 1990.

Attorney(s) appearing for the Case

Carolyn S. Goldfarb, New York City, for petitioner; Carolyn S. Goldfarb, of counsel.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., New York City, for respondent; Timothy MacFall, Sp. Asst. U.S. Atty., of counsel.

GOETTEL, District Judge.

In this action, we are presented with what is apparently the first challenge in this circuit, and one of only a couple of challenges nationwide, to the constitutionality of section 242(a)(2) of the Immigration and Nationality Act of 1952 ("INA"), as amended. 8 U.S.C. § 1252(a)(2) (1988). This provision provides for the detainment of an alien who has been convicted of an "aggravated felony," as defined by the INA, without bail pending...

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