Lemos-Garcia v. Weiss

RULING ON PETITION FOR HABEAS CORPUS RELIEF AND APPLICATION FOR A TEMPORARY RESTRAINING ORDER

NEVAS, District Judge.

This is a habeas petition brought by Jairo Lemos-Garcia (“Lemos”) against John Weiss in his capacity as Officer in Charge, Immigration and Naturalization Service (“INS”). Lemos was ordered deported by an immigration judge on March 12, 1990 (the “order”). On appeal, the Board of Immigration Appeals (“BIA”) denied him relief from the order. On appeal to the 2nd Circuit Court of Appeals, the Court dismissed his appeal and affirmed the order, 927 F.2d 594. On September 30, 1991,…