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ANTOINE v. U.S.

No. 02-CV-10354-MEL.

204 F.Supp.2d 115 (2002)

Burton ANTOINE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

April 25, 2002.

Attorney(s) appearing for the Case

John D. Himmelstein, Boston, MA, for plaintiff.

Frank Crowley, Immigration & Naturalization, Special Assistant U.S. Attorney, Boston, MA, for defendant.

MEMORANDUM AND ORDER

LASKER, District Judge.

Burton Antoine petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging a final administrative order of removal by the Board of Immigration Appeals (BIA). The government moves to dismiss Antoine's petition for lack of subject matter jurisdiction and failure to state a claim. Antoine, in turn, moves to stay or vacate the removal order, invoking Article III of the United Nations...

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