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FELIX v. U.S.

No. 94 Cr. 59 (PKL).

954 F.Supp. 70 (1996)

Nicolas FELIX, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

July 25, 1996.

Attorney(s) appearing for the Case

Labe M. Richman; Jerry D. Bernstein, Bernstein & Maffeo; and Maurice H. Sercarz, New York City, for Antonio Caesar.

Marion Seltzer, Marion Seltzer; Kenneth D. Wasserman; Marion Adler Seltzer; and Jeremy Schneider, Rothman, Schneider, Soloway, & Stern, New York City, for Nicholas Felix.

Roland Thau, Federal Defenders Services Unit, New York City, for Orlando Almonte.

Tai H. Park, Assistant U.S. Attorney, New York City, for the U.S.

MEMORANDUM ORDER

LEISURE, District Judge:

Petitioner, pro se, moves for an immediate order of deportation pursuant to § 242(h)(2)(A) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1252(h)(2)(A). For the reasons stated below, the motion is denied.

BACKGROUND

On June 24, 1994, Nicolas Felix pleaded guilty to Counts One and Three of Indictment 94 Cr. 59 pursuant to a written plea agreement with the Government...

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