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LEITAO v. RENO

No. 00-2092.

311 F.3d 453 (2002)

Ernest M. LEITAO, Petitioner, Appellant v. Janet RENO, Attorney General, Doris Meissner, Commissioner of the Immigration and Naturalization Service; Steven Farquaharson, District Director of the INS; Department of Justice; Immigration and Naturalization Service, U.S., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 26, 2002.

Attorney(s) appearing for the Case

Robert D. Watt, Jr., on brief, for petitioner.

Lyle D. Jentzer, Attorney, U.S. Department of Justice, with whom Stuart E. Schiffer, Acting Assistant Attorney General, and Terri J. Scadron, Senior Litigation Counsel, were on brief, for respondent.

Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and HOWARD, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Ernest M. Leitao appeals from the district court's dismissal of his habeas corpus petition, in which he sought a hearing on his request for relief from deportation. The law applicable to Leitao's case has been clarified by the Supreme Court's recent decision in INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001), which makes it clear that Leitao is entitled to the hearing...

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