District Court, S.D. New York November 24, 1997, No. 97 Civ. 5214 (JES) (U.S.A., ex rel. Morgan v. McElroy)

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Relator Otis St. George Morgan (“Morgan”), a native and citizen of Jamaica, West Indies who entered the United States as a permanent resident on June 5, 1993 and is currently in the custody of the Immigration and Naturalization Service (“INS”) pending deportation, seeks a writ of habeas corpus declaring that the February 7, 1997 decision of