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MUSTATA v. U.S. DEPT. OF JUSTICE

No. 97-1977.

179 F.3d 1017 (1999)

Marian MUSTATA; Lenuta Mustata, Petitioners-Appellants, v. U.S. DEPARTMENT OF JUSTICE; Carol Jenifer, District Director, Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 17, 1999.

Attorney(s) appearing for the Case

Robert F. Mirque, Sr. (argued and briefed), Grand Rapids, MI, for Petitioners-Appellants.

Edith A. Landman, Office of the U.S. Attorney for the Western District of Michigan, Grand Rapids, MI, for U.S. Department of Justice.

David M. McConnell (briefed), John J. Andre (argued and briefed), U.S. Department of Justice, Immigration Litigation, Civil Division, Washington, DC, for Carol Jenifer.

Before: KENNEDY and COLE, Circuit Judges; RUSSELL, District Judge.

OPINION

KENNEDY, Circuit Judge.

Aliens Marian Mustata and Lenuta Mustata filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 against respondents Department of Justice and Carol Jenifer, the District Director of the Immigration and Naturalization Service. Their petition asserts that ineffective assistance of counsel violated their Fifth Amendment due process and Sixth Amendment rights during their administrative immigration proceedings...

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