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ALAMO v. CLAY

No. 96-5259.

137 F.3d 1366 (1998)

Tony ALAMO f/k/a Bernie Lazar Hoffman, and Alamo Christian Church, Appellants, v. Jasper R. CLAY, Jr., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 1998.

Attorney(s) appearing for the Case

Harry Kresky, New York City, argued the cause and filed the briefs for appellants. Daniel E. Ellenbogen, Washington, DC, and Tony Alamo, appearing pro se, entered appearances.

R. Craig Lawrence, Assistant U.S. Attorney, Washington, DC, argued the cause for appellees, with whom Mary Lou Leary, U.S. Attorney, Washington, DC, at the time the brief was filed, was on the brief. Sherri E. Harris, Assistant U.S. Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, WALD and ROGERS, Circuit Judges.

EDWARDS, Chief Judge:

In this case, the wrong claim was brought by the wrong party in the wrong jurisdiction. Appellant Alamo Church asserts a claim under the Religious Freedom Restoration Act challenging the United States Parole Commission's decision denying parole to its pastor. It is well settled that a parole decision can be challenged only by the individual denied parole through a habeas action brought in the jurisdiction in which he is incarcerated. In any case...

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