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DE LEON-REYNOSO v. ASHCROFT

No. 01-2774.

293 F.3d 633 (2002)

Luis Erasmo DE LEON-REYNOSO, Appellant, v. John ASHCROFT, Attorney General; Doris Meissner, Commissioner of Immigration and Naturalization Service, Department of Justice; Charles Zemski, District Director Ins.

United States Court of Appeals, Third Circuit.

Filed: June 11, 2002.

Attorney(s) appearing for the Case

Martin A. Kascavage (argued), Schoener & Kascavage, Philadelphia, PA, for appellant.

Joshua E. Braunstein (argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, Thankful T. Vanderstar, Terri J. Scadron, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Linda L. Bocchino, Office of United States Attorney, Philadelphia, PA, for appellees.

Before: NYGAARD, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises an important constitutional question of first impression in this circuit. It pertains primarily to the scope of Congressional authority over the nation's immigration and naturalization laws. Luis Erasmo De Leon-Reynoso (De Leon) appeals the denial by the United States District Court for the Eastern District of Pennsylvania of his habeas corpus petition challenging his deportation. Because the...

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