F.I. PARKER, Circuit Judge.
The Immigration and Naturalization Service ("INS") appeals from the September 20, 2001 order of the United States District Court for the Western District of New York (Richard J. Acara, Judge) which denied the INS's motion to dismiss petitioner-appellee Athanasios Theodoropoulos's petition for writ of habeas corpus and granted the petition for the limited purpose of remanding Theodoropoulos's case to the Board of Immigration Appeals...
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