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GAVILAN-CUATE v. YETTER

No. 00-2599MN.

276 F.3d 418 (2002)

Ramon GAVILAN-CUATE, Appellee, v. Chuck YETTER, Jail Administrator, Washington County Jail; Curtis Aljets, District Director, Immigration and Naturalization Service, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 9, 2002.

Attorney(s) appearing for the Case

Paul D. Kovac, Washington, DC, for appellant.

Patrick J. Page, argued, St. Paul, MN, for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

The United States appeals from an order of the District Court for the District of Minnesota granting Ramon Gavilan-Cuate's petition for a writ of habeas corpus to determine whether his conviction of conspiracy to transport and harbor illegal aliens is an "aggravated felony" as defined by the Immigration and Nationality Act. 8 U.S.C. §§ 1101(a)(43)(N), 1324(a)(1)(A)(ii) and (iii...

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