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EVOLA v. CARBONE

Civil Action No. 05-1481 (JAP), Civil Action No. 05-1487(JAP), Crim. Action No. 97-203 (JAP).

365 F.Supp.2d 592 (2005)

Vito EVOLA, Plaintiff, v. John CARBONE, et al., Defendants. United States of America, Plaintiff, v. Vito Evola, Defendant.

United States District Court, D. New Jersey.

April 19, 2005.

Attorney(s) appearing for the Case

Thomas E. Moseley, Newark, NJ, Steven A. Morley, Morley Surin & Griffin, P.C., Admitted Pro Hac Vice, Philadelphia, PA, for Plaintiff.

Christopher J. Christie, United States Attorney, Neil R. Gallagher, Daniel J. Gibbons, Andrew Carey, Assistant United States Attorneys, Newark, NJ, Counsel for Defendants.

OPINION

PISANO, District Judge.

Both of the above captioned cases concern the imminent removal from the United States of petitioner Vito Evola ("Evola"). Evola petitions this Court for a Writ of Habeas Corpus under 28 U.S.C. § 2241, challenging the decision of an Immigration Judge to remove him from the United States based on his commission of an "aggravated felony." Evola also petitions the Court for entry of a Writ of Error Coram Nobis, seeking to...

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