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VALDIVIA v. I.N.S.

No. CIV. 99-4339.

80 F.Supp.2d 326 (2000)

Victorio V. VALDIVIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States District Court, D. New Jersey.

January 24, 2000.

Attorney(s) appearing for the Case

Victorio Valdivia, Batavia, NY, pro se.

Robert Cleary, United States Attorney, James B. Clark, III, Assistant U.S. Attorney, Newark, NJ, for respondent.

OPINION

DEBEVOISE, Senior District Judge.

Mr. Victorio Valdivia has petitioned this Court for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, challenging a final order of removal from the United States. Respondent Immigration and Naturalization Service ("INS"), in its answer, has moved for dismissal of the petition for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), and for failure to state a claim pursuant to Fed...

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