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ZHANG v. SLATTERY

No. 1403, Docket 94-6258.

55 F.3d 732 (1995)

Xin-Chang ZHANG, Petitioner-Appellee, v. William SLATTERY, as District Director of the New York District of the Immigration & Naturalization Service, and Roseanne C. Sonchik, as Acting Assistant District Director for Detention and Deportation of the New York District of the Immigration & Naturalization Service, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 19, 1995.

Attorney(s) appearing for the Case

Naill J. Lenihan, pro hac vice, New York City (Ogden N. Lewis, Michael Osborne, Vina Shukla, Law Clerk, Jerome Wilson, Law Clerk, Davis Polk & Wardwell, New York City, Stanley Mark, Asian-American Legal Defense and Education Fund, New York City, on the brief) for petitioner-appellee.

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty. for the S.D. of N.Y., Steven I. Froot, Asst. U.S. Atty., F. James Loprest, Jr., Special Asst. U.S. Atty., on the brief), for respondents-appellants.

Bruno Joseph Bembi, Hempstead, NY, for amicus curiae Yau Gwong Liu, Hua Qing Li, and Shu Yao Li.

Before: MINER and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

Petitioner-appellee Xin-Chang Zhang, a native of the People's Republic of China ("PRC" or "China"), arrived on a Rockaway, Queens beach in June 1993 after more than three months' transit in the cargo hold of the smuggling ship "Golden Venture". Within hours of the ship's grounding, Zhang was in the custody of the Immigration and Naturalization Service ("INS"). This appeal arises out of Zhang's petition for habeas corpus filed in the United...

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