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SEVERINO v. NEGRON

No. 1441, Docket 92-2750.

996 F.2d 1439 (1993)

Victor Manuel SEVERINO, Plaintiff-Appellant, v. Ismael NEGRON, Superintendent of the Edgecombe Correctional Facility, and Thomas A. Coughlin, III, Commissioner, Department of Correctional Services, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Peter Hirsch, New York City, for plaintiff-appellant.

Edward J. Curtis, Jr., Asst. Atty. Gen., State of NY, New York City (Robert Abrams, Atty. Gen. of the State of NY, New York City, of counsel), for defendants-appellees.

Before: MESKILL, Chief Judge, WALKER, Circuit Judge, and MOTLEY, District Judge.

PER CURIAM:

Appellant Victor Severino, a lawful resident alien, was sentenced to a term of two to six years in the custody of the New York Department of Correctional Services (DOCS) after his conviction for a drug violation. Severino was at risk of deportation as a consequence of his conviction. The Immigration and Naturalization Service (INS) did not respond within thirty days to DOCS's letter notice advising the INS of the conviction. If the INS had served a warrant...

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