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PAK v. RENO

No. 98-3852.

196 F.3d 666 (1999)

Jun E. PAK, Petitioner-Appellee, v. Janet RENO, Attorney General; Doris Meissner, Commissioner of INS; Immigration and Naturalization Service; Department of Justice; Robert Brown, District Ohio Director, INS, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1999.

Attorney(s) appearing for the Case

Lee Gelernt (argued), American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, David W. Leopold (argued and briefed), David Wolfe Leopold & Associates, Cleveland, OH, for Petitioner-Appellee.

Kathleen L. Midian (briefed), Asst. U.S. Attorney, Cleveland, OH, Richard M. Evans (briefed), David M. McConnell, Michelle R. Slack (argued), Holly A. Gimbel (briefed), U.S. Department of Justice, Immigration Litigation, Civil Division, Washington, DC, for Respondents-Appellants.

Peter A. Joy (briefed), Washington University School of Law, St. Louis, MO, for Amici Curiae.

Before: JONES, COLE, and CLAY, Circuit Judges.

OPINION

COLE, Circuit Judge.

This case centers around the recent amendments to the Immigration Naturalization Act (INA), codified at 8 U.S.C. § 1182, et seq., that resulted from the enactment of the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Specifically, the government appeals the district court's decision that it retained jurisdiction pursuant to 28 U.S.C. §...

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