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GREENIDGE v. IMMIGRATION AND NATURALIZATION SERVICE

November 29, 2001

ALEXANDER GREENIDGE PETITIONER,
v.
IMMIGRATION AND NATURALIZATION SERVICE DEFENDANT.



The opinion of the court was delivered by: Marrero, Judge

ORDER

Petitioner Alexander Greenidge ("Greenidge") seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a removal order entered against him by respondent Immigration and Naturalization Service ("INS"). This Court referred the matter to Magistrate Judge Henry Pitman for a report and recommendation. Magistrate Judge Pitman issued a Report and Recommendation, dated October 26, 2001 (the "Report"), recommending that the petition be granted to the extent of remanding the matter to the INS for further proceedings consistent with the Report. The Report is incorporated and attached hereto as Exhibit A. Neither Greenidge nor the INS has interposed objection to the report.

The Court has considered the issues raised in Greenidge's petition and Magistrate Judge Pitman's analysis and conclusions with respect to each of them. In this regard, the court reviewed the record, briefs and other documents filed in connection therewith, as well as the authorities cited therein. Based on the foregoing evaluation, the Court finds meritorious basis in law to support Greenidge's challenge to the INS's removal order. In examining the record and the law pertinent to this petition, the Court concludes that the principles and authorities relied upon by Magistrate Judge Pitman in recommending granting of the petition are controlling and sufficient to support his recommendation of remand. The Court is persuaded that Magistrate Judge Pitman's recommendation is appropriate and accepts and adopts the Report in its entirety.

Accordingly, it is hereby

ORDERED that the petitioner's application writ is granted; and it is further

ORDERED that the this matter is remanded to the INS for further proceedings consistent with Magistrate Judge Pitman's Report and Recommendation dated October 26, 2001.

The Clerk of Court is directed to close this case, subject to reopening upon the Court's receipt of any further submission by the INS or petitioner concerning compliance with this Order.

SO ORDERED.

REPORT AND RECOMMENDATION

TO THE HONORABLE VICTOR MARRERO, United States District Judge,

I. Introduction

Petitioner seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241, challenging a removal order that has been entered against him by the Immigration and Naturalization Service ("INS"). For the reasons set forth below, I respectfully recommend that the petition should be granted to the extent of remanding this matter to the INS for further proceedings consistent with this Report and Recommendation.

II. Facts

Petitioner is a native and citizen of Panama, who was admitted to the United States on June 13, 1981 as a legal permanent resident (AR*fn1 at 73, 152). On August 12, 1993, petitioner was convicted in New York State Supreme Court, Bronx County, upon his plea of guilty, of manslaughter in the first degree, in violation of New York Penal Law Section 125.20(1); petitioner was ...


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