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XIN-CHANG v. SLATTERY

No. 94 Civ. 2119 (RPP).

859 F.Supp. 708 (1994)

XIN-CHANG Zhang, A72-762-145, Petitioner, v. William SLATTERY, INS District Director for Detention and Deportation, Roseanne Sonchik, INS Acting Assistant District Director for Deportation, and Charlene Monroe, INS Immigration Officer, Respondents.

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

August 5, 1994.

Attorney(s) appearing for the Case

Davis Polk & Wardwell by Niall J. Lenihan, New York City, for petitioner Xin-Chang Zhang.

Mary Jo White, U.S. Atty., S.D.N.Y. by F. James Loprest, New York City, for respondents William Slattery, Roseanne Sonchik, and Charlene Monroe.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Xin-Chang Zhang petitions this Court pursuant to 8 U.S.C. § 1105(a)(10) for a writ of habeas corpus to review the determinations of the Board of Immigration Appeals ("BIA") denying Petitioner's application for asylum and upholding Petitioner's placement in exclusion rather than deportation proceedings. For the reasons stated below, the BIA's determinations are remanded.

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