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BEJJANI v. I.N.S.

No. 01-3117.

271 F.3d 670 (2001)

Pierrot BEJJANI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE; John Ashcroft, Attorney General of the United States, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed November 14, 2001.

Attorney(s) appearing for the Case

Richard H. Drucker (argued and briefed), Drucker & Drucker, Cleveland, OH, for Petitioner.

Victoria Christian, Immigration and Naturalization Service, Cleveland, OH, Earle B. Wilson, Cathy Appling, Victoria Christian, Richard M. Evans (briefed), U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Susan K. Houser (argued and briefed), U.S. Department of Justice, Office of Immigration Litigation, Civil Division, Washington, DC, for Respondents.

Before: NORRIS and COLE, Circuit Judges; HOLSCHUH, District Judge.

OPINION

HOLSCHUH, District Judge.

Petitioner Pierrot Bejjani ("Bejjani") seeks direct review of the January 29, 2001 decision of the Immigration and Naturalization Service ("INS") to reinstate a prior order of deportation pursuant to § 241(a)(5) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1231(a)(5). For the reasons set forth herein, we GRANT Bejjani's petition for review, VACATE the January 29, 2001 order...

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