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PEQUENO-MARTINEZ v. TROMINSKI

No. CIV.B-02-214, CIV.B-02-145, CIV.B-02-144.

281 F.Supp.2d 902 (2003)

Jaime PEQUENO-MARTINEZ, v. E.M. TROMINSKI, INS District Director and John Ashcroft, Attorney General of the United States. Oswaldo Calderon-Terrazas, v. Aaron Cabrera, Acting Director, HLG/DO, the Immigration & Naturalization Service, and John Ashcroft, United States Attorney General. Eugenio Reyna-Montoya, v. Aaron Cabrera, Acting Director, HLG/ DO, the Immigration & Naturalization Service, and John Ashcroft, United States Attorney General.

United States District Court, S.D. Texas, Brownsville Division.

September 8, 2003.

Attorney(s) appearing for the Case

Paula S. Waddle, South Texas Immigration Council, Harlingen, TX, for Petitioner Jaime Pequeno-Martinez.

Jodilynn Marie Goodwin, Attorney at Law, Harlingen, TX, for Petitioner Oswaldo Calderon-Terrazas.

Elisabeth Lisa S. Brodyaga, Attorney at Law, San Benito, TX, for Petitioner Eugenio Reyna-Montoya.

Nancy Lynn Masso, Office of U.S. Attorney, Brownsville, TX, Lisa M. Putnam, Attorney at Law, Harlingen, TX, for Respondents E.M. Trominski, John Ashcroft and Aaron Cabrera.

MEMORANDUM OPINION

HANEN, District Judge.

I. INTRODUCTION

Three former lawful permanent residents (LPRs) filed petitions seeking writs of habeas corpus from this court after receiving final orders of removal from the Board of Immigration Appeals (BIA). Each has raised statutory and constitutional challenges to the BIA's conclusions that each alien is removable based on a prior conviction and that each alien is ineligible for discretionary cancellation...

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