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FRANCOIS v. ASHCROFT

No. 04-CV-1961 (WJM).

343 F.Supp.2d 327 (2004)

Kesner FRANCOIS, A36-470-712, Petitioner, v. John ASHCROFT, et al., Respondents.

United States District Court, D. New Jersey.

November 1, 2004.

Attorney(s) appearing for the Case

Regis Fernandez, Newark, NJ, for Petitioner.

Neil R. Gallagher, Assistant U.S. Attorney, Newark, NJ, for Respondents.

OPINION

MARTINI, District Judge.

Petitioner Kesner Francois filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 seeking a declaration that his removal should be deferred under Article 3 of the United Nations Convention Against Torture ("CAT"). For the reasons stated below, the Court denies the petition for writ of habeas corpus.

I. BACKGROUND

Kesner Francois is a native and citizen of Haiti. On March 8, 1979, he was admitted...

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