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HADDAM v. RENO

No. Civ.A.98-1579-A.

54 F.Supp.2d 588 (1999)

Anwar HADDAM, Petitioner, v. Janet RENO, Attorney General, et al., Respondents.

United States District Court, E.D. Virginia, Alexandria Division.

April 28, 1999.

Attorney(s) appearing for the Case

Malea Kiblan, Kiblan & Battles, McLean, VA, Susan Akram, Boston, MA, University Civil Litigation Program, Boston, MA, for Petitioner.

Dennis Michael Kennedy, U.S. Attorneys Office, Alexandria, VA, Joyce A.N. Massey, McCarthy & Massey, P.C., Manassas, VA, John M. McAdams, Jr., Office of Immigration Litigation, Civil Div., U.S. Dept of Justice, Washington, DC, for Respondents.

MEMORANDUM OPINION

ELLIS, District Judge.

This petition for a writ of habeas corpus presents a threshold jurisdictional question, not yet resolved in this circuit, namely:

Whether the 1996 amendments to the Immigration and Nationality Act (INA)1 allow an excludable alien in the midst of an ongoing exclusion proceeding to obtain district court review of i) the INS's decision to incarcerate the alien indefinitely and deny...

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