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DIPEPPE v. QUARANTILLO

No. 01-4043, 01-4096.

337 F.3d 326 (2003)

Rita DIPEPPE v. Andrea QUARANTILLO, District Director of the New Jersey office of the Immigration and Naturalization Service; Ralph Green, Warden, Hudson County Correctional Facility and the Immigration and Naturalization Service Andrea Quarantillo, Ralph Green, Appellants.

United States Court of Appeals, Third Circuit.

Filed July 28, 2003.

Attorney(s) appearing for the Case

Steven A. Morley, (Argued), Bagia & Morley, Philadelphia, PA, for Appellee.

Audrey Benison, United States Department of Justice, Office of Immigration Litigation, Washington, DC, Margaret Perry, Audrey B. Hemesath (Argued), United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Appellants.

Before BECKER, Chief Judge, McKEE and HILL, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

The Immigration and Naturalization Service appeals the district court's determination that § 212(h) of the Immigration and Nationality Act ("INA")1 violates the equal protection component of the 5th Amendment's Due Process Clause. In her cross-appeal, Rita Dipeppe challenges the District Court's ruling that she is not entitled to seek relief from removal under INA § 212(c)...

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