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CHMAKOV v. BLACKMAN

No. 00-2235.

266 F.3d 210 (2001)

Aleksandr CHMAKOV; Nadejda Chmakova; Denis Chmakov, Appellants, v. J. Scott BLACKMAN, As District Director of the Immigration and Naturalization Service.

United States Court of Appeals, Third Circuit.

Filed September 12, 2001.

Attorney(s) appearing for the Case

Tatiana S. Aristova, (Argued), John J. Gallagher, Law Offices of John J. Gallagher, Philadelphia, PA, Attorneys for Appellants.

Stephen J. Britt, (Argued), Assistant U.S. Attorney, Office of the United States Attorney, Philadelphia, PA, and Thankful T. Vanderstar, Terri J. Scadron, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., Attorneys for Appellee.

Before ROTH, BARRY, and FUENTES, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge:

In this appeal, we are called upon to answer a single legal question: did the District Court have jurisdiction to entertain a habeas corpus petition alleging a Fifth Amendment due process violation filed by aliens subject to a final order of removal for reasons other than a conviction for a deportable crime?1 Because the Supreme Court has concluded...

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