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PENA-ROSARIO v. RENO

Nos. 99-CV-4652 (JG), 99-CV-6193 (JG), 99-CV-7054 (JG), 99-CV-7114 (JG), 99-CV-7630 (JG).

83 F.Supp.2d 349 (2000)

Jose Francisco PENA-ROSARIO, Petitioner/Plaintiff, v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElroy, New York District Director, Immigration and Naturalization Service; Immigration and Naturalization Service; United States Department of Justice, Respondents/Defendants. Efrain Enrique Vargas, Petitioner/Plaintiff, v. Janet Reno, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElroy, New York District Director, Immigration and Naturalization Service; Immigration and Naturalization Service; United States Department of Justice, Respondents/Defendants. Neil Robinson, Petitioner/Plaintiff, v. Janet Reno, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Lynn Underdown, Louisiana District Director, Immigration and Naturalization Service; Immigration and Naturalization Service; United States Department of Justice, Respondents/Defendants. Sergio Trinidad, Petitioner/Plaintiff, v. Janet Reno, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElory, New York District Director, Immigration and Naturalization Service; Lynn Underdown, Louisiana District Director, Immigration and Naturalization Service; Immigration and Naturalization Service, Respondents/Defendants. Bajrush Gjeta, Petitioner/Plaintiff, v. Janet Reno, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElory, New York District Director, Immigration and Naturalization Service; Lynn Underdown, Louisiana District Director, Immigration and Naturalization Service; Immigration and Naturalization Service, Respondents/Defendants.

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

February 8, 2000.

Attorney(s) appearing for the Case

Alan Michael Strauss, Bretz & Coven, New York City, for petitioners, Pena-Rosario and Vargas.

Neil Robinson, Oakdale, LA, petitioner pro se.

Sergio Trinidad, Oakdale, LA, petitioner pro se.

Bajrush Gjeta, F.D.C. — Oakdale, Oakdale, LA, petitioner pro se.

Loretta Lynch, United States Attorney, Eastern District of New York, Brooklyn, New York, by Mary Elizabeth Delli-Pizzi, Assistant United States Attorney, for respondents.

MEMORANDUM AND ORDER

GLEESON, District Judge.

These five habeas corpus petitions are brought by aliens challenging final orders of removal. They each contend that statutory changes from 1996 rendering certain convicted felons ineligible for discretionary waivers of deportation do not apply to them since their criminal conduct took place before enactment of those statutes. The government challenges the court's subject matter jurisdiction over these...

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