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CHECKNAN v. McELROY

No. 02 Civ.6679 RLE.

313 F.Supp.2d 270 (2004)

Ly CHECKNAN, Plaintiff, v. Edward MCELROY, Defendant.

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

April 6, 2004.

Attorney(s) appearing for the Case

Visuvanathan Rudrakumaran, New York City, for plaintiff.

James Loprest, Sp. Asst. U.S. Atty., S.D.N.Y. New York, New York City, for defendant.

OPINION AND ORDER

ELLIS, United States Magistrate Judge.

I. INTRODUCTION

Petitioner Ly Checknan ("Checknan") seeks a writ of mandamus and a declaratory judgment compelling the Immigration and Naturalization Service ("INS")1 to place him in removal proceedings. Checknan alleges jurisdiction in his complaint under the declaratory judgment statutes, 28 U.S.C. §§ 2201, 2202; under the mandamus statute, 28 U.S...

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