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RESTREPO v. McELROY

No. 99-CV-2049 (JBW).

354 F.Supp.2d 254 (2005)

Nevio RESTREPO, Petitioner, v. Edward McELROY, Interim Field Office Director for the Bureau of Immigration and Customs Enforcement, Respondent.

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

February 18, 2005.

Attorney(s) appearing for the Case

Bretz & Coven, LLP, by Matthew Guadagno, Kerry W. Bretz, Jules E. Coven, New York, NY, for the Petitioner.

Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, Attorney for the Respondent, by Margaret M. Kolbe, Assistant United States Attorney, Brooklyn, NY, for the Respondent.

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

The Court of Appeals for the Second Circuit reversed this district court's order granting a non-citizen's petition for a writ of habeas corpus based on the denial of section 212(c) discretionary relief from deportation. See Restrepo v. McElroy, 369 F.3d 627 (2d Cir.2004). Nevertheless it concluded that petitioner may have postponed filing...

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