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ROSALES-GARCIA v. HOLLAND

Nos. 99-5683, 99-5698.

322 F.3d 386 (2003)

Mario ROSALES-GARCIA, Petitioner-Appellant, v. J.T. HOLLAND, Warden, Respondent-Appellee. Reynero Arteaga Carballo, Petitioner-Appellant, v. Mark Luttrell, Warden; Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 5, 2003.

Attorney(s) appearing for the Case

Mario Rosales-Garcia, Miami, FL, pro se.

Reynero Arteaga Carballo, Union Rescue Mission, Los Angeles, CA, pro se.

Judy Rabinovitz (argued and briefed), ACLU Immigration Rights Project, New York, NY, Liliana Garces (briefed), American Civil Liberties Union Immigrants' Rights Project, Oakland, CA, Lucas Guttentag (briefed), American Civil Liberties Union Immigrants' Rights Project, New York, NY, David W. Leopold (briefed), Cleveland, OH, for Petitioners-Appellants, Mario Rosales-Garcia and Reynero Arteaga Carballo

Allen W. Hausman, Linda S. Wernery (argued and briefed), Emily A. Radford, Mark C. Walters, Greg D. Mack (briefed), U.S. Dept. of Justice, Immigration Litigation, Civil Div., Office of Immigration Litigation, Washington, DC, for Respondents-Appellees, J.T. Holland, Mark Luttrell and I.N.S.

Before MARTIN, Chief Circuit Judge; KRUPANSKY, BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which BOYCE F. MARTIN, Jr., C.J., DAUGHTREY, COLE, CLAY, and GILMAN, JJ., joined. BOGGS, J. (pp. 416-420), delivered a separate dissenting opinion, in which KRUPANSKY and BATCHELDER, JJ., joined.

OPINION

MOORE, Circuit Judge.

Petitioners Mario Rosales-Garcia and Reynero Arteaga Carballo appeal the denials of their petitions for the writ of habeas corpus in the district courts. Both Petitioners, Cuban...

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