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SWABY v. ASHCROFT

No. 00-CV-6892(ARR).

296 F.Supp.2d 279 (2003)

Roy SWABY, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

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

April 22, 2003.

Attorney(s) appearing for the Case

Roy Swaby, pro se, and Mitchell Cohen, Law Offices of Mitchell Cohen, Esq., Hallandale Beach, FL, for Petitioner.

Kristen Ann Chapman, US Attorney's Office, Scott Dunn, United States Attorney's Office, Brooklyn, NY, for Respondent.

OPINION AND ORDER

ROSS, District Judge.

Petitioner, Roy Swaby, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241, requesting that the court remand his case for a hearing to consider his eligibility for a discretionary waiver of deportation under former § 212(c) of the Immigration Nationality Act ("INA"), 8 U.S.C. § 1182(c) (repealed 1996). For the reasons discussed below, his petition is denied.

BACKGROUND

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