FERNANDES v. McELROY

No. 94 Civ. 7088 (LAP).

920 F.Supp. 428 (1996)

Xavier FERNANDES, Petitioner, v. Edward McELROY, Acting District Director, Immigration and Naturalization Service, New York Office, and Immigration and Naturalization Service, et al., Respondents.

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

February 29, 1996.


Attorney(s) appearing for the Case

Charles A. Grutman, New York City, for Xavier Fernandez.

Mary Jo White, United States Attorney, S.D. New York, F. James Loprest, Jr., of counsel, for Edward McElroy.


OPINION AND ORDER

PRESKA, District Judge:

Petitioner Xavier Fernandes ("Fernandes") brings this action by way of a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging a determination by the Board of Immigration Appeals ("BIA") ordering him deported from the United States. Immediately at stake in this action is Fernandes's application to become a legal resident of the United...

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