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AL-HARBI v. I.N.S.

No. 98-70828

242 F.3d 882 (2001)

Naseem Salman al-Harbi, Petitioner, v. Immigration and Naturalization Service, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 9, 2001

Attorney(s) appearing for the Case

Philip Atkins-Pattenson, John D. Pernick, Jonathan P. Hersey, Sheppard, Mullin, Richter & Hampton, San Francisco, California, for the petitioner.

Terri J. Scadron, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington D.C., for the respondent.

Before: Andrew J. Kleinfeld, A. Wallace Tashima and Marsha S. Berzon, Circuit Judges.

Argued and Submitted June 16, 2000 — San Francisco, California

BERZON, Circuit Judge:

In 1996 Naseem Salman Al-Harbi ("Petitioner") was brought by American forces to United States territory from northern Iraq, a refuge of Iraqi insurgents hostile to the reign of Saddam Hussein, as part of a massive evacuation effort led by United States government agencies. He wishes to remain here. We are charged with deciding whether he may.

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