RODRIGUEZ v. McELROY

No. 98 CIV. 7556(RPP).

53 F.Supp.2d 587 (1999)

Francisco RODRIGUEZ, Petitioner, v. Edward J. McELROY, District Director, Ins, Janet Reno, Attorney General, Ins, and any other persons having the Petitioner in custody, Respondents.

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

February 24, 1999.


Attorney(s) appearing for the Case

Francisco Rodriguez, York, PA, pro se.

Mary Jo White, United States Attorney for the Southern District of New York, New York, By F. James Loprest, Jr., for Respondent.


OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Petitioner Francisco Rodriguez ("petitioner" or "Rodriguez") has filed a petition for a writ of habeas corpus seeking his release from the custody of the Immigration and Naturalization Service ("I.N.S."). The Government opposes the petition and requests that it be denied on its merits. In the alternative, the Government argues that the petition should be dismissed because of petitioner's failure...

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