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ANDERSON v. McELROY

No. 874, Docket 91-6260.

953 F.2d 803 (1992)

Reginald John ANDERSON, Petitioner-Appellant, v. Edward J. McELROY, Assistant District Director of the Immigration and Naturalization Service and the Executive Office for Immigration Review, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 17, 1992.

Attorney(s) appearing for the Case

Allan H. Wernick, New York City (Lynn Neugebauer, Wernick & Berger, New York City, of counsel), for petitioner-appellant.

Diogenes P. Kekatos, Asst. U.S. Atty., S.D.N.Y. (Otto G. Obermaier, U.S. Atty., Gabriel W. Gorenstein, Asst. U.S. Atty., S.D.N.Y., of counsel), for respondents-appellees.

Before ALTIMARI, MAHONEY and WALKER, Circuit Judges.

ALTIMARI, Circuit Judge:

Petitioner-appellant Reginald John Anderson appeals from a judgment entered in the United States District Court for the Southern District of New York (Miriam Goldman Cedarbaum, Judge), denying his petition for a writ of habeas corpus staying his deportation to Jamaica, pending a decision by the Board of Immigration Appeals ("BIA") on his motion to reopen deportation proceedings. In May 1991, the BIA issued a final order of deportation...

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