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UTKOR v. McELROY

No. 95 Civ. 5127 (SS).

930 F.Supp. 881 (1996)

Olgh UTKOR and Ibeg Utkor, Petitioners, v. Edward McELROY, District Director of the United States Immigration and Naturalization Service, and Paul Schmidt, Director of the Executive office for Immigration Review and Chairman of the Board of Immigration Appeals, Respondents.

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

April 11, 1996.

Attorney(s) appearing for the Case

Law Offices of Cyrus D. Mehta, New York City (Cyrus D. Mehta, Jacqueline Baronian, of counsel), for Petitioners.

United States Attorney for the Southern District of New York City, F. James Loprest, Special Assistant United States Attorney, for Respondents.

OPINION AND ORDER

SOTOMAYOR, District Judge.

This action is a petition for a writ of habeas corpus pursuant to 8 U.S.C. § 1105a(a)(10) challenging an order of exclusion by the Board of Immigration Appeals (the "BIA") denying the petitioners' request for asylum and withholding of exclusion under sections 208 and 243(h) of the Immigration and Nationality Act (the "INA" or the "Act"), 8 U.S.C. §§ 1158 and 1253(h).1

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