MEMORANDUM AND ORDER
WEXLER, District Judge.
Petitioner Louis Evangelista ("Petitioner" or "Evangelista") seeks a writ of habeas corpus requiring the Immigration and Naturalization Service ("INS") to hold a hardship-based hearing on relief from deportation. A decision on the merits of this claim was initially held in abeyance pending a decision by the Second Circuit in the appeal of the case of Jankowski v. INS,
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