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TINEO v. ASHCROFT

No. 02-3636.

350 F.3d 382 (2003)

Carlos TINEO, Appellee, v. John ASHCROFT, Attorney General, U.S.A.; James W. Ziglar, Commissioner of the I.N.S.; Andrea Quarantillo, District Director I.N.S. Newark; I.N.S.; Loreli Valverde, Assistant Director for Deportation I.N.S.; John Duffy, Warden, Bergen County Jail, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 4, 2003.

Attorney(s) appearing for the Case

Linda S. Wernery (argued), United States Department of Justice, Office of Immigration Litigation, Ben Franklin Station, Washington, Colette R. Buchnan, Office of the United States Attorney, Newark, for Appellants.

Regis Fernandez (argued), Newark, for Appellee.

Before: ALITO, FUENTES and GREENBERG, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

The Attorney General and officials of the United States Immigration and Naturalization Service (collectively, the "INS")1 appeal the District Court's partial grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The petitioner, Carlos Tineo, is a lawful permanent resident of the United States who briefly left the country to visit...

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