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ALVAREZ-GARCIA v. U.S. I.N.S.

No. 02 CIV. 4657(CM).

234 F.Supp.2d 283 (2002)

Jose Francisco ALVAREZ-GARCIA, Petitioner/Plaintiff, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent/Defendant.

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

October 21, 2002.

Attorney(s) appearing for the Case

Jose F. Alvarez-Garcia, White Plains, NY, pro se.

Megan L. Brackney, U.S. Atty., New York City, for U.S. Immigration and Naturalization Service.

MEMORANDUM DECISION AND ORDER TRANSFERRING PETITIONER'S NATIONALITY CLAIM TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT AND OTHERWISE DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

McMAHON, District Judge.

Petitioner, who was convicted of attempted criminal sale of a controlled substance (cocaine) in the third degree, argues that he should be granted a hearing prior to deportation pursuant to Beharry v. Reno,

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