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U.S.A. EX REL. MORGAN v. McELROY

No. 97 Civ. 5214 (JES).

981 F.Supp. 873 (1997)

U.S.A., ex rel. Otis St. George MORGAN, (A43 977 948), Relator, v. Edward McELROY, as District Director of the Immigration Service for the District of New York, or such person, if any, who have the said Otis St. George Morgan in custody, Respondent.

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

November 24, 1997.

Attorney(s) appearing for the Case

Lebenkoff & Coven (Jules E. Coven, of Counsel), New York City, for relator.

Mary Jo White, United States Attorney for the Southern District of New York, New York City, F. James Loprest, Jr., Spec. Asst. U.S. Atty. for respondent.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Relator Otis St. George Morgan ("Morgan"), a native and citizen of Jamaica, West Indies who entered the United States as a permanent resident on June 5, 1993 and is currently in the custody of the Immigration and Naturalization Service ("INS") pending deportation, seeks a writ of habeas corpus declaring that the February 7, 1997 decision of the Board of Immigration Appeals ("BIA") denying his motion to...

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