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SHIRKHANI v. GREENE

Civ. A. No. 92-B-809.

790 F.Supp. 1065 (1992)

Shahin SHIRKHANI, Petitioner, v. Joseph R. GREENE, District Director of the Immigration & Naturalization Service, Respondent.

United States District Court, D. Colorado.

May 19, 1992.

Attorney(s) appearing for the Case

Daniel F. Boyle, Denver, Colo., for petitioner.

George E. Gill, Asst. U.S. Atty., Cathy A. Auble, Dist. Office, INS, Denver, Colo., for respondent.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Respondent moves for reconsideration of my May 12, 1992 order granting petitioner habeas corpus relief. Respondent also moves for a stay of execution pending review of this motion. The issues are adequately briefed and oral argument will not materially aid their resolution. Because appeal to the Board of Immigration Appeals (BIA) was not reasonably available in this case, petitioner's alleged failure...

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