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OGBUDIMKPA v. ASHCROFT

No. 02-1181.

342 F.3d 207 (2003)

Christopher OGBUDIMKPA, Appellant v. John ASHCROFT, Attorney General of the United States; Kenneth John Elwood, District Director, INS Philadelphia District.

United States Court of Appeals, Third Circuit.

Filed August 22, 2003.

Attorney(s) appearing for the Case

Timothy C. Hester, Kevin C. Newsom (Argued), Covington & Burling, Washington, D.C., for Petitioner.

Kate L. Mershimer, Office of the United States Attorney, Harrisburg, PA, Ethan B. Kanter, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., Robert D. McCallum, Jr., Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Christopher C. Fuller (Argued), Senior Litigation Counsel, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: SLOVITER, AMBRO, Circuit Judges, and TUCKER, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether a district court has jurisdiction to consider a habeas corpus petition that alleges violations of Article 3 of the United Nations Convention Against Torture ("CAT").1 Congress has implemented CAT2 by enacting the Foreign Affairs Reform and Restructuring Act of 1998 ("FARRA").

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