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BORRERO v. ALJETS

No. 02-1506.

325 F.3d 1003 (2003)

Lazaro D. BORRERO, Appellee, v. Curtis J. ALJETS, Immigration and Naturalization Service, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 15, 2003.

Attorney(s) appearing for the Case

Earle B. Wilson, argued, U.S. Dept. of Justice, Civil Division, OIL, Washington, DC (Brian G. Slocum, on the brief), for appellant.

Katherine M. Menendez, argued, Asst. Federal Public Defender, Minneapolis, MN, for appellee.

Before WOLLMAN, HEANEY, and MELLOY, Circuit Judges.

WOLLMAN, Circuit Judge.

Lazaro Borrero is an inadmissible alien subject to a final order of removal. Because his native country, Cuba, will not accept his return, he was held in the custody of the Immigration and Naturalization Service (INS) upon his release from prison on state drug and firearms charges on September 11, 2000. The district court granted Borrero's petition for writ of habeas corpus, and he was released from...

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