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ESPOSITO v. ASHCROFT

Nos. 03-CV-2434, 97-CV-3888.

288 F.Supp.2d 292 (2003)

Antonio ESPOSITO, Petitioner, v. John ASHCROFT, Attorney General of the United States; Tom Ridge, Secretary, Department of Homeland: Security; Asa Hutchinson, Undersecretary, Border & Transportation: Security; Michael Garcia, Assistant Secretary, Bureau of Immigration and: Customs Enforcement; Edward J. McElroy, District Director, Bureau of: Immigration and Customs Enforcement; Respondents.

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

October 10, 2003.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, DiRaimondo & Masi, LLP, Melville, NY, for Petitioner.

Dione M. Enea, Scott Dunn, Brooklyn, NY, for Respondents.

Michael P. DiRaimondo, Fitzpatrick, Cella, Harper & Scinto, New York, NY, for Petitioner.

MEMORANDUM, ORDER AND JUDGEMENT

WEINSTEIN, Senior District Judge.

I. Introduction

This habeas corpus proceeding, commenced in 2003, is dismissed because: (1) the judgment dismissing an almost identical 1997 petition was supported by findings of fact and conclusions of law that should not be reconsidered in the absence of new relevant factual or legal issues; and (2) the common law abuse of writ doctrine mandates denial on equitable grounds...

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