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MOTTA v. DISTRICT DIRECTOR, I.N.S.

Civ. A. No. 94-11819-DPW.

869 F.Supp. 80 (1994)

Antonio Jose Pacheco MOTTA, Petitioner/Plaintiff, v. DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, Respondent/Defendant.

United States District Court, D. Massachusetts.

Judgment November 29, 1994.

Attorney(s) appearing for the Case

Joseph S. Callahan, Fall River, MA, for plaintiff Antonio Jose P. Motta.

Frank Crowley, Immigration & Naturalization, Sp. Asst. U.S. Atty., Boston, MA, for defendant District Director, I.N.S.

MEMORANDUM AND ORDERS

WOODLOCK, District Judge.

An inattentive semi-retired lawyer represented the Petitioner in deportation proceedings. The lawyer let the administrative appeal date lapse, apparently while he wintered in Florida. He then filed the notice of appeal about a month late. Some 53 months thereafter the Board of Immigration Appeals, in a one-page decision, denied the appeal as "clearly untimely." Acting pursuant to habeas corpus jurisdiction...

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