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SWABY v. ASHCROFT

Docket Nos. 02-2068(L), 03-2298(CON).

357 F.3d 156 (2004)

Roy SWABY, Petitioner-Appellant, v. John ASHCROFT, United States Attorney General, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 3, 2004.

Attorney(s) appearing for the Case

Mitchell Cohen, Hallandale Beach, FL, for Appellant.

Kristen Chapman, Assistant United States Attorney (Varuni Nelson, Assistant United States Attorney, of counsel; Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.

Before: WALKER, Chief Judge, KEARSE and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

Petitioner Roy Swaby appeals from an order of the United States District Court for the Eastern District of New York (Allyne R. Ross, Judge), dated April 22, 2003, denying his petition for a writ of habeas corpus. After this Court denied his motion for a stay of removal pending appeal, Swaby was deported on or about August 25, 2003 as an alien convicted of an aggravated felony, based on a 1990 conviction by a jury in New...

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