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KENDALL v. I.N.S.

No. 02 Civ. 9590(RWS).

261 F.Supp.2d 296 (2003)

Cyril Nathaniel KENDALL, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, U.S. Department of Justice, Respondents.

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

May 1, 2003.

Attorney(s) appearing for the Case

John J. Garzon, Sunnyside, NY, for Petitioner.

Honorable James B. Comey, United States Attorney for the Southern District of New York, New York, NY (Michael R. Holden, Assistant U.S. Attorney, of counsel).

OPINION

SWEET, District Judge.

The respondents Immigration & Naturalization Service ("INS") and U.S. Department of Justice ("DOJ") (collectively, the "Government") have moved pursuant to Rule 12(b)1, Fed. R. Civ.P., to dismiss the application of Cyril Nathaniel Kendall ("Kendall" or "Petitioner") for a writ of habeas corpus on the grounds of jurisdiction. For the reasons set forth below, the motion is granted.

Prior Proceedings

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