PEREZ v. ELWOOD

No. 01-3004.

294 F.3d 552 (2002)

Carlos PEREZ, Appellant v. Kenneth J. ELWOOD, District Director Immigration and Naturalization Service.

United States Court of Appeals, Third Circuit.

Filed: June 28, 2002.


Attorney(s) appearing for the Case

Lawrence H. Rudnick, Derek W. Gray (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, Counsel for Appellant.

Robert D. McCallum, Jr., Assistant Attorney General, Christine A. Bither, Senior Litigation Counsel, James E. Grimes (Argued), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Margaret Perry, Esquire, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Counsel for Appellee.

Before: BECKER, Chief Judge, GREENBERG, Circuit Judge, and BARZILAY, Judge, U.S. Court of International Trade.


OPINION OF THE COURT

BECKER, Chief Judge.

This is an appeal by Carlos Perez, a Colombian national and U.S. permanent resident, from an order of the District Court for the Middle District of Pennsylvania, the district where Perez is held in INS detention, denying his petition for a writ of habeas corpus. The petition challenged the Board of Immigration Appeals's ("BIA") affirmance of an order of removal entered by an Immigration Judge ("IJ") following...

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