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SINGH v. NELSON

No. 85 CIV. 3141 (PKL).

623 F.Supp. 545 (1985)

Balbeer SINGH, Singh Mohan, Mohammed Dawood, Arsalaie Raziq, Ibadullah Sarwary, Nasrullah, Mohammed Akbar Shah, Abdul Wahid, Mohammad Ammer Etimady, Abdul Bari Rafiqi, Fouzia Masoud, Abdul Ghafoor Massoud, Fahima Siddiqi, Mohammad Kabir, Mohammad Daud Ahmadzai, Abdul Samad Momen, Abdul Rashid, Azatullah Nassery, Sunil Kumar Khanna, Charan Jeet Kuchar, Ram Narain Kakar, Mohammad Omar Dildar, Din Mohammad Zahre, Agha Mohammad Rafiqi, Hemraq Ahuja, Shah Mahmood Dildar, Sayed Mohammad Saleh, Najeebullah Woudood, Rahimullah Woudood, Ezatullah Nassery and Freidon Hobbi, Petitioners, v. Alan C. NELSON, as Commissioner of the Immigration and Naturalization Service, Charles C. Sava, as District Director of the New York District of the Immigration and Naturalization Service, and Joanne Whittaker, as Deputy Assistant District Director for Detention and Deportation of the New York District of the Immigration and Naturalization Service, Respondents.

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

December 12, 1985.

Attorney(s) appearing for the Case

Lawyers Committee for Intern. Human Rights, Washington Square Legal Services, Inc., Cahill Gordon & Reindel, New York City, for petitioners; Arthur C. Helton, Nadine Strossen, Steven J. Lee, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for respondents; Michael D. Patrick, Sp. Asst. U.S. Atty., New York City, of counsel.

LEISURE, District Judge:

Petitioners are refugees from Afghanistan held in detention in the custody of the Immigration and Naturalization Service ("INS" or "Service") at the Service Processing Center, 201 Varick Street, New York, New York ("SPC"), pending the completion of exclusion proceedings to determine their admissibility to the United States.1 Pursuant to 28 U.S.C. § 2241(c) (1982), they challenge the legality of their continued...

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