SELGEKA v. CARROLL

No. 97-7250.

184 F.3d 337 (1999)

Besnik SELGEKA, Petitioner-Appellant, v. William CARROLL, District Director of the United States Immigration and Naturalization Service for the Arlington District; Doris Meissner, Commissioner, Immigration and Naturalization Service; Janet Reno, Attorney General of the United States, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1999.


Attorney(s) appearing for the Case

ARGUED: Edmund Jason Albert, Covington & Burling, Washington, D.C., for Appellant. Brenda Elaine Ellison, Senior Litigation, Office of Immigration Litigation Counsel, Civil Division, United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: Patricia A. Barald, Jonathan M. Cohen, Covington & Burling, Washington, D.C., for Appellant. Frank W. Hunger, Assistant Attorney General, David V. Bernal, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.

Before ERVIN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Vacated and remanded by published opinion. Senior Judge BUTZNER wrote the majority opinion, in which Judge ERVIN joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

BUTZNER, Senior Circuit Judge:

Besnik Selgeka, a stowaway, appeals the district court's denial of his petition for writ of habeas corpus. In his petition he challenges the denial of a full and fair opportunity to present his claim for asylum. He seeks to have his asylum application...

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