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MARINCAS v. LEWIS

No. 95-5424.

92 F.3d 195 (1996)

Mircea MARINCAS, Appellant, v. Warren LEWIS, District Director of the United States Immigration and Naturalization Service; U.S. Department of Justice; Immigration and Naturalization Service; Janet Reno, Attorney General; Doris Meissner, Commissioner; John Lima, Director of Esmor Detention Facility; Sea-Land Services, Inc.

United States Court of Appeals, Third Circuit.

Decided August 9, 1996.

Attorney(s) appearing for the Case

Robert A. Perkins (argued), Robert A. Perkins & Associates, Chicago, IL, for appellant.

Daniel J. Gibbons (argued), Assistant U.S. Attorney, Faith S. Hochberg, United States Attorney, Newark, NJ, for appellees.

Judy Rabinovitz (argued), Lucas Guttentag, Ann Parrent, Immigrants Rights Project, American Civil Liberties Union Foundation, New York City, for amici curiae, Marsha Wenk, American Civil Liberties Union of New Jersey, Newark, NJ, of counsel.

Before: BECKER, McKEE and McKAY, Circuit Judges.

OPINION OF THE COURT

McKAY, Circuit Judge.

Petitioner-Appellant Mircea Marincas, an alien with stowaway status, applied for and was denied political asylum by the Immigration and Naturalization Service (INS). The Board of Immigration Appeals (BIA) affirmed the denial of his application. Mr. Marincas then sought judicial review of the BIA decision by filing a petition for a writ of habeas corpus and a complaint for injunctive and declaratory relief. The district...

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