The opinion of the court was delivered by: Marrero, Judge
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.
REPORT AND RECOMMENDATION
TO THE HONORABLE VICTOR MARRERO, United States District Judge,
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.
Petitioner is a native and citizen of Panama, who was admitted to the
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 ...