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NOLAN v. HOLMES

No. 01-2608.

334 F.3d 189 (2003)

Allan NOLAN, Petitioner-Appellant, v. M. Frances HOLMES, District Director Immigration and Naturalization Services, Buffalo, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 2, 2003.

Attorney(s) appearing for the Case

Christopher W. Drinan, Boston, Massachusetts, for Petitioner-Appellant.

Ernesto H. Molina, Washington, D.C. (Robert D. McCallum, Jr., Assistant Attorney General, Norah Ascoli Schwarz, Senior Litigation Counsel, Patrick Shen, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., on the brief) for Respondent-Appellee.

Washington Square Legal Services, New York, New York (Nancy Morawetz, of counsel, Abigail S. Hendel, Katherine J. Knaus, law student interns), filed a brief for Amici Curiae The National Veterans Legal Services Program, et al., in support of Appellant.

Before: KEARSE and B.D. PARKER, Circuit Judges, and RAKOFF, District Judge.

KEARSE, Circuit Judge.

Petitioner Allan Nolan, an alien being held by the United States government for removal from the United States following his conviction of an aggravated felony, see 8 U.S.C. § 1227(a)(2)(A)(iii), appeals from a judgment of the United States District Court for the Western District of New York, Richard J. Arcara, Judge, dismissing his petition for habeas corpus on the ground that the Immigration and Naturalization Service (...

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