Lopez-Alegria
Lopez-Alegria v. Ilchert
Opinion
Opinion
Peckham, J.
MEMORANDUM AND ORDER
INTRODUCTION
Petitioner Milton Lopez-Alegria filed this action on February 9, 1986, under section 106(a)(9) of the Immigration and Nationality Act, 8 U.S.C.A. § 1105a(a)(9). The action' seeks a writ of habeas corpus to restrain the District Director of the Immigration and Naturalization Service (“INS”) from deporting petitioner to El Salvador. Petitioner seeks the stay pending the Board of Immigration Appeals’ (“BIA”) decision on his appeal from an immigration judge’s denial of his motion to reopen deportation proceedings. The court grants petitioner’s request.
FACTS
The INS arrested petitioner, who had entered this country without inspection in 1980, on March 10, 1982. Petitioner appeared before an immigration judge on May 24, 1982, on an Order to Show Cause why he should not be deported. At that hearing, petitioner was represented by Sister Margaret Phelan, a legal case worker for Catholic Social Services. Sister Phelan is not a lawyer. Petitioner’s representative admitted his deportability and designated El Salvador as the country of deportation. She stated that petitioner would go to El Salvador only if he could not obtain a visa from any other…