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THOM v. ASHCROFT

Docket No. 01-2404.

369 F.3d 158 (2004)

Lennox THOM, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 27, 2004.

Attorney(s) appearing for the Case

Jonathan Svetkey, Watters & Svetkey, LLP, New York, NY, for Petitioner-Appellant.

Michael M. Krauss, Assistant United States Attorney, for James B. Comey, United States Attorney, Southern District of New York (Kathy S. Marks, Sara L. Shudofsky, Assistant United States Attorneys, on the brief), for Respondent-Appellee.

Before: NEWMAN and CALABRESI, Circuit Judges, and UNDERHILL, District Judge.

CALABRESI, Circuit Judge:

Petitioner Lennox Thom ("Petitioner") sought a writ of habeas corpus to vacate his final order of removal and to direct the Board of Immigration Appeals to adjudicate his application for 212(c) relief from deportation. The United States District Court for the Southern District of New York (Mukasey, C.J.) denied his petition, holding that he is ineligible for 212(c) relief under three provisions of the immigration law: 1) the so-called...

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