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MARTINEZ v. ASHCROFT

No. 01 CIV.9227.

236 F.Supp.2d 360 (2002)

Eddy Abraham MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General of the United States; Edward McElroy, District Director, New York Office of Immigration and Naturalization Service, Respondent.

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

December 13, 2002.

Attorney(s) appearing for the Case

Eddy Abraham Martinez, pro se, Bronx, for plaintiff.

Megan Brackney, Esq., United States Attorney, New York, for defendant.

ORDER

BERMAN, District Judge.

I. Introduction

On or about October 18, 2001, Eddy Abraham Martinez ("Martinez" or "Petitioner") filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and an application to stay his removal from the United States ("Petition") following a Board of Immigration Appeals ("BIA") decision, dated August 15, 2001, affirming a February 25, 2000 decision by an Immigration Judge ("IJ...

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