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ABASCAL-MONTALVO v. I.N.S.

No. 92-3320-RDR.

901 F.Supp. 309 (1995)

Isidro ABASCAL-MONTALVO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States District Court, D. Kansas.

September 29, 1995.

Attorney(s) appearing for the Case

Isidro Abascal, New York City, pro se.

Melanie D. Caro, Office of United States Attorney, Topeka, KS, Emily A. Radford, Office of Immigration & Litigation, U.S. Department of Justice, Washington, DC, Stuart M. Gerson, United States Department of Justice, Washington, DC, for respondent.

MEMORANDUM AND ORDER

ROGERS, Senior District Judge.

This matter is before the court on a habeas corpus action filed pursuant to 28 U.S.C. § 2241 by a native of Cuba detained under civil immigration authority at the United States Penitentiary, Leavenworth, Kansas. Petitioner challenges a final administrative order of exclusion rendered by the Board of Immigration Appeals ("BIA").

Factual Background

Petitioner arrived in...

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