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GOMES v. ASHCROFT

No. 02-1508.

311 F.3d 43 (2002)

Anthony GOMES, Petitioner — Appellant, v. John ASHCROFT, Attorney General of the United States, Immigration and Naturalization Service; Fred McDonald, Sheriff, Respondents — Appellees.

United States Court of Appeals, First Circuit.

Decided November 12, 2002.

Attorney(s) appearing for the Case

Michael G. Moore for appellant.

Brenda M. O'Malley, Attorney, with whom Robert D. McCallum, Jr., Assistant Attorney General, and Terri J. Scadron, Senior Litigation Counsel, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

STAHL, Senior Circuit Judge.

Petitioner-appellant Anthony Gomes appeals from the district court's denial of his petition for habeas corpus under 28 U.S.C. § 2241, by which he sought review of an order of deportation. He contends that he is entitled to discretionary relief pursuant to former section 212(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1182(c) (1995)(repealed), despite the fact that he served more than five years of a sentence for...

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