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KOLSTER v. ASHCROFT

No. CIV. A. 97-11079-GAO.

188 F.Supp.2d 60 (2002)

Alfredo A. KOLSTER, Petitioner v. John ASHCROFT, Attorney General, Department of Justice; James W. Ziglar, Commissioner, Immigration and Naturalization Service; Steven J. Farquharson, District Director, Immigration and Naturalization Service, Respondents

United States District Court, D. Massachusetts.

February 25, 2002.

Attorney(s) appearing for the Case

Richard L. Iandoli, Iandoli & Assoicates, Boston, MA, Lee Gelernt, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, for Alfredo A. Kolster, Petitioner.

Papu Sandhu, Office of Immigration Litigation, Civil Division, DOJ, Washington, DC, Karen Ann Hunold, U.S. Department of Justice, Office of Immigration Litigation, Frank Crowley, Immigration & Naturalization, Special Assistant U.S. Attorney, Boston, MA, for John Ashcroft, Attorney General, Doris Meissner, Commissioner of Immigration and Naturalization Service, Immigration & Naturalization, Department of Justice, Respondents.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

Alfredo A. Kolster filed a petition for habeas corpus claiming that the Immigration and Naturalization Service ("INS") erred when it determined that he was ineligible for discretionary relief from deportation under former § 212(c) of the Immigration and Nationality Act ("INA"). Kolster argues that at the time the INS ordered his deportation, § 212(c) relief was available to aliens who had accrued...

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