The opinion of the court was delivered by: McCLURE, District Judge.
Before the court are the petition and a motion by Edwards for a
temporary restraining order and stay of deportation, which we
have construed as a motion for a preliminary injunction and stay
of deportation. See Order of Court dated April 20, 1999.
According to the petition, Edwards is a 29-year-old citizen of
Jamaica who has resided in the United States for approximately 19
years. He is married to a U.S. citizen and is the father of two
children who are U.S. citizens.
On July 9, 1991, in Hudson County, New Jersey, Edwards entered
a plea of guilty to charges of possession of a controlled
dangerous substance (cocaine) and possession of a controlled
dangerous substance (cocaine) within 1,000 feet of school
property. He was sentenced to concurrent terms of five years'
incarceration, with 18 months' parole ineligibility.*fn1
Based on the conviction, the INS issued an "Order to Show Cause
and Notice of Hearing" charging that Edwards was deportable
pursuant to INA § 241(a)(2)(A)(iii) (conviction of an aggravated
felony) and (B)(i) (conviction of a controlled substance
violation), 8 U.S.C. § 1251(a)(2)(A)(iii), (B)(i).*fn2 The
deportation was not pursued during Edwards' incarceration, and he
apparently was released by the State of New Jersey either on
parole or at the expiration of his sentence. The release from
criminal custody occurred apparently before October 9, 1998 (see
Edwards' reply brief at 13).
At a bond hearing in 1998, Edwards was released on bond by an
immigration judge. However, at the deportation hearing on January
14, 1999, an immigration judge determined that Edwards was not
eligible for release on bond because the new provisions of the
INA made detention mandatory for removable aliens convicted of
offenses such as Edwards had been. The immigration judge denied
relief based on Matter of Noble, Int. Dec. 3301, 1997 WL 61453
(BIA 1997), a determination Edwards appealed to the Board of
II. RELEVANT STATUTORY PROVISIONS
The government argues that the court lacks jurisdiction to hear
Edwards' petition. The statutory provisions supporting this