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ATTWOOD v. ASHCROFT

No. 00-2130.

260 F.3d 1 (2001)

John Brian ATTWOOD, Petitioner, Appellant, v. John ASHCROFT, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 2, 2001.

Attorney(s) appearing for the Case

Brenda M. O'Malley, Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, with whom David W. Ogden, Assistant Attorney General and Christopher C. Fuller, Senior Litigation Counsel, were on brief, for appellant.

Robert D. Watt, Jr. for appellee.

Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

LYNCH, Circuit Judge.

This is an appeal from a district court decision granting a petition for a writ of habeas corpus in the context of a removal order issued by the Board of Immigration Appeals. We affirm the district court, though on alternate grounds.

John Brian Attwood is a native and citizen of Canada who was admitted to the United States as a lawful permanent resident on January 16, 1963. On May 24, 1995, Attwood pled guilty to trafficking in cocaine...

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