DECISION AND ORDER
MARRERO, District Judge.
Mariusz Sadowski ("Sadowski"), a native and citizen of Poland, brings this action, alleging negligence and a violation of his due process rights, against the Immigration and Naturalization Service ("INS") and Edward McElroy, the New York District Director for the INS (collectively, the "INS"). Sadowski has moved for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking mandamus...
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