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ROLDAN v. RACETTE

No. 1684, Docket 91-2544.

984 F.2d 85 (1993)

Orlando ROLDAN, Petitioner-Appellant, v. James RACETTE, Superintendent, Adirondack Correctional Facility, and U.S. Immigration & Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Randolph Z. Volkell, North Merrick, NY, for petitioner-appellant.

William C. Pericak, Asst. U.S. Atty. for the N.D. of N.Y., Albany, NY (Gary L. Sharpe, U.S. Atty. for the N.D. of N.Y., Albany, NY, of counsel), for respondent-appellee U.S. I.N.S.

Robert Abrams, Atty. Gen. of the State of N.Y. John McConnell, Asst. Atty. Gen. of the State of NY, Albany, NY, for respondent-appellee James Racette, Superintendent, Adirondack Correctional Facility.

Before: CARDAMONE, WINTER, and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Petitioner-appellant Orlando Roldan appeals from a judgment entered October 29, 1991 in the United States District Court for the Northern District of New York, Howard G. Munson, Judge, that dismissed Roldan's application for a writ of habeas corpus. The district court, adopting a report-recommendation of Ralph W. Smith, Jr., Magistrate Judge, entered September 10, 1991, ruled that Roldan...

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