Ricardo Antonio WELCH, Jr., Petitioner-Appellee,
v.
John ASHCROFT, as Attorney General, Department of Justice; James W. Ziglar, as Commissioner of the Immigration and Naturalization Service, Department of Justice; Louis D. Crocetti, Jr., as Director, Baltimore District, Immigration and Naturalization Service; Douglas C. Devenyns, as Warden, Wicomico County Detention Center, Respondents-Appellants.
Citizens and Immigrants for Equal Justice; American Immigration Lawyers Association; American Civil Liberties Union Foundation, Immigrants' Rights Project, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 5, 2001.
Decided June 19, 2002.
Attorney(s) appearing for the Case
ARGUED: Earle Bronson Wilson, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Mary Ellen Fleck, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellee. ON BRIEF: Stuart E. Schiffer, Acting Assistant Attorney General, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Appellants. Todd M. Stenerson, Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, D.C., for Appellee. Michael Maggio, Maggio & Kattar, P.C., Washington, D.C.; Marvin E. Frankel, Jennifer L. Rochon, Kramer, Levin, Naftalis & Frankel, L.L.P., New York, New York; Nancy Morawetz, Washington Square Legal Services, Inc., New York University School of Law, New York, New York, for Amici Curiae Citizens & Immigrants and Immigration Lawyers. Judy Rabinowitz, Immigrants' Rights Project, American Civil Liberties Union Foundation, New York, New York; Liliana M. Garces, Immigrants' Rights Project, American Civil Liberties Union Foundation, Oakland, California, for Amicus Curiae Foundation.
Before WIDENER and WILLIAMS, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Affirmed by published opinion. Senior Judge BEEZER wrote the opinion. Judge WIDENER wrote an opinion concurring in Judge BEEZER's opinion except for the first paragraph of Part III A. 1. and Part VI. and concurring in the judgment. Judge WILLIAMS wrote an opinion concurring in the judgment.
OPINION
BEEZER, Senior Circuit Judge.
Attorney General John Ashcroft, Commissioner of the Immigration and Naturalization Service James W. Ziglar, Director of...
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