MATHEWS v. RENO

Nos. Civ.A. 97-12071-PBS, Civ.A. 98-11066-PBS, Civ.A. 98-11183-PBS, Civ.A. 98-11251-PBS.

52 F.Supp.2d 195 (1999)

Franklyn MATHEWS, Petitioner, v. Janet RENO, Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Immigration and Naturalization Service; Department of Justice; and Steven Farquharson, District Director, Immigration and Naturalization Service, Respondents. Pasqualino Turavani, Petitioner, v. Janet Reno, Attorney General; Steven Farquharson, District Director, Immigration and Naturalization Service; and Any Other Persons Having the Petitioner in Custody, Respondents. Pedro Olavo Gomes, Petitioner, v. Janet Reno, Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Immigration and Naturalization Service; Department of Justice; and Steven Farquharson, District Director, Immigration and Naturalization Service, Respondents. Fausto Abreu-Santana, Petitioner, v. Janet Reno, Attorney General; Doris Meissner, Commissioner of the Immigration and Naturalization Service; Immigration and Naturalization Service; Department of Justice; and Steven Farquharson, District Director, Immigration and Naturalization Service, Respondents.

United States District Court, D. Massachusetts.

May 18, 1999.


Attorney(s) appearing for the Case

Randy Olen, Providence, RI, for Fausto Abreu-Santana, plaintiff.

Randy Olen, Providence, RI, Robert J. Caron, Providence, RI, for Pedro Olavo Gomes, plaintiff.

Prasant D. Desai, Desai & Graves, Boston, MA, for Pasqualino Turavani, plaintiff.

John A. Canavan, III, Dorchester, MA, for Franklyn Mathews, petitioner.

Karen Ann Hunold, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Frank W. Hunger, John J. Andre, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, Frank Crowley, Immigration and Naturalization Special Assist. U.S. Atty., Boston, MA, David S. Merson, U.S. Atty., Boston, MA, for Janet Reno, Attorney General, Doris Meissner, Immigration & Naturalization Service, U.S. Dept. of Justice, Steven J. Farquharson, defendants.

Frank Crowley, Immigration and Naturalization Special Assist. U.S. Atty, Boston, MA, for Jean R. Oullette, Acting District Director, defendant.


MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

Petitioners are legal permanent residents ("LPRs") of the United States who have been ordered deported because of their criminal conduct. They challenge determinations by the Board of Immigration Appeals ("BIA") that they are statutorily ineligible for discretionary relief from deportation due to section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA")...

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