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SMITH v. ASHCROFT

No. 01-2004.

295 F.3d 425 (2002)

Wayne A. SMITH, A34-470-066, Petitioner, v. John ASHCROFT, Attorney General of the United States; Kevin Rooney, acting Commissioner of the Immigration and Naturalization Service; Louis D. Crocetti, Jr., as Baltimore, Maryland District Director of the Immigration and Naturalization Service; U.S. Immigration & Naturalization Service, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 2002.

Attorney(s) appearing for the Case

ARGUED: Raj Sanjeet Singh, Raj S. Singh C.P.A., P.C., Rockville, Maryland, for Petitioner. Papu Sandhu, Senior Litigation, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents. ON BRIEF: Robert D. McCallum, Jr., Assistant Attorney General, Emily Anne Radford, Assistant Director, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Respondents.

Before NIEMEYER and GREGORY, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge BEAM wrote the opinion, in which Judge NIEMEYER and Judge GREGORY joined.

OPINION

BEAM, Senior Circuit Judge.

Wayne Ancil Smith, a citizen of Trinidad, contends that he was denied procedural due process in violation of the Fifth Amendment in the course of his deportation proceedings in 1998. We disagree and affirm the district court's dismissal of his 28 U.S.C. § 2241 habeas corpus petition.

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