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APPLICATION OF PHELISNA

No. 82 C 2112.

551 F.Supp. 960 (1982)

In the Matter of the Application of Imane PHELISNA for a Writ of Habeas Corpus.

United States District Court, E.D. New York.

As Revised February 3, 1983.

Attorney(s) appearing for the Case

S. Bernard Schwartz, New York City, for petitioner.

Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y. (Michael A. Mulqueen, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for respondent Charles Sava.

Arthur C. Helton, New York City (John Hartje, Barry Levenfeld, Gillian Dell, New York City, of counsel), for amicus curiae Lawyers Committee for Intern. Human Rights.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Petitioner Imane Phelisna, a native of Haiti, applied for a writ of habeas corpus pursuant to 8 U.S.C. § 1105a(b), which provides in pertinent part that "any alien against whom a final order of exclusion has been made" may obtain judicial review by habeas corpus proceedings.

On December 1, 1981 an immigration judge entered an order of exclusion and denied petitioner's application for asylum. The...

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