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FERNANDES v. I.N.S.

No. 97-630ML.

79 F.Supp.2d 44 (1999)

Jose N. FERNANDES v. IMMIGRATION AND NATURALIZATION SERVICE and George A. Vose, Jr.

United States District Court, D. Rhode Island.

July 28, 1999.

Attorney(s) appearing for the Case

Jose M. Fernandes, pro se.

Timothy P. McIlmail, U.S. Department of Justice, Washington, DC, for Defendant.

Judy Rabinovitz, New York, NY, Randy Olen, Providence, RI, for Amicus American Civil Liberties Union.

MEMORANDUM AND DECISION

LISI, District Judge.

Petitioner in this action has filed a claim for habeas corpus relief pursuant to 28 U.S.C. § 2241. On April 30, 1999, this Court ordered Petitioner released from Immigration and Naturalization Service ("INS") custody on conditions which were set forth in the record on that date. This memorandum sets forth the Court's rationale for granting the petition.

I. FACTS

Petitioner was born...

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