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DUVALL v. ELWOOD

No. 02-3829.

336 F.3d 228 (2003)

Andrea Patricia DUVALL v. Kenneth John ELWOOD, District Director, U.S. Department of Justice Kenneth Elwood, Philadelphia District Director of the Immigration and Naturalization Service, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 11, 2003.

Attorney(s) appearing for the Case

Donald E. Keener, Anthony A. Yang (argued), United States Department of Justice, Office of Immigration Litigation, Washington, Susan R. Becker, Office of United States Attorney, Philadelphia, PA, for Appellant.

Derek W. Gray (argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Appellee.

Before SCIRICA, Chief Judge, AMBRO and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

The Government appeals from an order of the District Court granting Andrea Duvall's habeas corpus petition. The District Court ruled that the Board of Immigration Appeals ("BIA") erred when it held that the doctrine of collateral estoppel did not bar the Immigration and Naturalization Service ("Service") from relitigating Duvall's alienage during a different proceeding...

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