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VELEZ-LOTERO v. ACHIM

No. 02 C 3615.

312 F.Supp.2d 1097 (2004)

Nelson Ivan VELEZ-LOTERO, Petitioner, v. Deborah ACHIM, Interim Field Office Director, U.S. Immigration & Customs Enforcement, Michael Garcia, Assistant Secretary of U.S. Immigration & Customs Enforcement, John Ashcroft, Attorney General of the United States, and Tom Ridge, Director of the Department of Homeland Security, Respondents.

United States District Court, N.D. Illinois, Eastern Division.

April 8, 2004.

Attorney(s) appearing for the Case

James Charles TenBroeck, Jr., Law Offices of James C. TenBroeck, Jr., Chicago, IL, for Nelson Ivan Vellez-Lotaro, Petitioner.

Sheila McNulty Entenman, United States Attorney's Office, Chicago, IL, for Brian R. Perryman, Acting District Director, Immigration and Naturalization Service, James W. Ziglar, Commissioner, Immigration and Naturalization Service, John Ashcroft, Attorney General of the United States, Respondents.

MEMORANDUM OPINION AND ORDER

GETTLEMAN, District Judge.

Petitioner Nelson Velez-Lotero has filed a second amended petition for habeas corpus relief seeking to enjoin respondents from deporting him to Columbia and to reopen his deportation hearing. For the reasons set forth below the petition is granted.

FACTUAL AND PROCEDURAL HISTORY

On February 1, 1995, petitioner pled guilty to unlawful possession of a controlled substance...

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