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AKHTAR v. ASHCROFT

No. 03 Civ.3828 VM.

269 F.Supp.2d 325 (2003)

Imran Rashid AKHTAR Petitioner, v. John ASHCROFT, Attorney General of the United States; Edward McElroy, New York District Director for the Bureau of Immigration & Customs Enforcement; Charles Mule, Facility Director of the Federal Detention Center, Batavia, New York; Michael McLaughlin, District Director for the Buffalo District, Bureau of Immigration & Customs Enforcement, Respondents.

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

June 18, 2003.

Attorney(s) appearing for the Case

Jorge D. Guttlein, Aranda & Guttlein, New York City, for petitioner.

DECISION AND ORDER

MARRERO, District Judge.

Petitioner Imran Rashid Akhtar ("Akhtar") filed an application for an Order to Show Cause, dated May 30, 2003 (the "Application"), seeking to stay his deportation pending a final decision by the Board of Immigration Appeals (the "BIA") on the merits of his request for deferral of removal. The Application is related to a habeas petition filed with this Court on May 28, 2003 (the "Petition"), seeking to reopen...

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