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KELLMAN v. DISTRICT DIRECTOR, U.S. I.N.S.

No. 90 Civ. 4620 (RWS).

750 F.Supp. 625 (1990)

Terry Winfield KELLMAN, Petitioner, v. The DISTRICT DIRECTOR, UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, United States Department of Justice, New York, New York, Respondent.

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

November 6, 1990.

Attorney(s) appearing for the Case

Terry Winfield Kellman, pro se.

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

OPINION

SWEET, District Judge.

Terry Winfield Kellman ("Kellman") has petitioned this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Kellman is currently being held under detention by the Immigration and Naturalization Service ("INS") while awaiting the outcome of deportation hearings. He has challenged the constitutionality of Section 242(a)(2) of the Immigration and Nationality Act of 1952, as amended ("INA"), 8 U.S.C. § 1252...

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