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BALOGUN v. U.S. ATTORNEY GENERAL

No. 00-12442.

304 F.3d 1303 (2002)

Sikiru BALOGUN, Petitioner, v. UNITED STATES ATTORNEY GENERAL, Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Eleventh Circuit.

September 10, 2002.

Attorney(s) appearing for the Case

Teresa Wynn Roseborough, Deborah M. Danzig (Court-Appointed), Sutherland, Asbill & Brennan, LLP, Atlanta, GA, for Petitioner.

Brenda E. Ellison, David V. Bernal, Anthony Cardozo Payne, Shelley R. Goad, Linda S. Wendtland, U.S. Dept. of Justice, OIL, Washington, DC, for Respondents.

Before BIRCH, MARCUS and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge:

Sikiru Balogun is a 50 year-old Nigerian male who lived in this country approximately 20 years before he was deported in December of 2000. Prior to his deportation (or "removal" in the terminology of the current law), proceedings were underway at the Immigration and Naturalization Service (INS) to designate Balogun as a legal resident. In 1998, Balogun obtained an INS clearance, known as an "advance...

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