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SMALL v. ASHCROFT

No. 01 CIV.11625(JSR).

209 F.Supp.2d 294 (2002)

Samuel Anthony SMALL, Petitioner, v. John ASHCROFT, as Attorney General of the United States; James Ziglar, as Commissioner of the Immigration and Naturalization Service; Edward McElroy, District Director, Immigration and Naturalization Service, New York District; Christine G. Davis, New Orleans District Director, Immigration and Naturalization Service; and the Immigration and Naturalization Service, Respondents.

United States District Court, S.D. New York.

As Corrected July 9, 2002.

Attorney(s) appearing for the Case

David Stern, Legal Aid Society, Immigration Unit, Brooklyn, NY, for Plaintiff.

F. James Loprest, Jr., Sp. Asst. U.S. Atty., U.S. Atty. Office, New York, NY, for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

This case came before the Court on a habeas corpus petition as petitioner Small was about to be deported to Jamaica, where he last resided 31 years ago. After granting an emergency stay of deportation, the Court received substantial written submissions and oral arguments from able counsel for the respective parties, regarding petitioner's objections to his deportation. Upon review of those submissions, the...

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