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DE LA CRUZ v. ASHCROFT

No. 01 CIV 1933 JSR.

146 F.Supp.2d 294 (2001)

Jose Altagracia De Los Santos DE LA CRUZ Petitioner, v. John ASHCROFT, Attorney General of the United States, et al., Respondents.

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

April 26, 2001.

Attorney(s) appearing for the Case

David Van Muraskin, New York City, for petitioner.

AUSA Krishna Patel, New York City, for respondents.

MEMORANDUM ORDER

RAKOFF, District Judge.

By petition filed March 7, 2001, Jose Altagracia De Los Santos De La Cruz seeks a writ of habeas corpus to enjoin his removal from the United States and review the lawfulness of that removal. Petitioner argues that under the Court of Appeals' decision in St. Cyr v. I.N.S., 229 F.3d 406 (2d Cir.2000), he is entitled to a discretionary review of his deportation under former...

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