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ZAYAS v. I.N.S.

No. 01-2564.

311 F.3d 247 (2002)

Raniel Perez ZAYAS, Appellant v. IMMIGRATION & NATURALIZATION SERVICE.

United States Court of Appeals, Third Circuit.

Filed: November 18, 2002.

Attorney(s) appearing for the Case

Daniel I. Siegel, James V. Wade, Office of Federal Public Defender, Harrisburg, PA, Melinda C. Ghilardi (Argued), Office of Federal Public Defender, Scranton, PA, for Appellant.

Robert D. McCallum, Jr., Assistant Attorney General, Christopher C. Fuller, Senior Litigation Counsel, Lyle D. Jentzer (Argued), United States Department of Justice, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Appellee.

Before SLOVITER and AMBRO, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge.

In this appeal, we consider the applicability to petitions for habeas corpus filed pursuant to 28 U.S.C. § 2241 of both (1) the "gatekeeping mechanism" by which 28 U.S.C. § 2244(b) limits the filing of second or successive petitions for habeas corpus, and (2) the "abuse of the writ" doctrine as expressed in the Supreme Court's decision in McCleskey v. Zant, 499 U.S. 467

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