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ROMAN v. ASHCROFT

No. 02-3253.

340 F.3d 314 (2003)

Julio E. ROMAN, Petitioner-Appellee, v. John ASHCROFT et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 13, 2003.

Petition for Rehearing Denied: January 14, 2004.

Attorney(s) appearing for the Case

ARGUED: Alison R. Drucker, UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION LITIGATION, CIVIL DIVISION, Washington, D.C., for Appellants.

David W. Leopold (argued and briefed), David Wolfe Leopold & Associates, Cleveland, Ohio, for Petitioner-Appellee.

ON BRIEF: Alison R. Drucker, UNITED STATES DEPARTMENT OF JUSTICE, IMMIGRATION LITIGATION, CIVIL DIVISION, Washington, D.C., for Appellants.

Kathleen L. Midian, Asst. U.S. Atty., U.S Attorney's Office, Cleveland, OH, Alison R. Drucker (argued and briefed), U.S. Department of Justice, Immigration Litigation, Civil Division, Washington, DC, for Respondents-Appellants.

David W. Leopold, DAVID WOLFE LEOPOLD & ASSOCIATES, Cleveland, Ohio, for Appellee.

Before MOORE and GIBBONS, Circuit Judges; SCHWARZER, Senior District Judge.

Petition for Rehearing Denied En Banc: January 14, 2004.

Pursuant to Sixth Circuit Rule 206

MOORE, J., delivered the opinion of the court, in which SCHWARZER, D.J., joined. GIBBONS, J. (pp. 329-330), delivered a separate opinion concurring in the result.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Respondents-Appellants United States Attorney General, John Ashcroft; former Acting Commissioner of the Immigration and Naturalization Service...

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