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SINGH v. ASHCROFT

No. 02-16476.

351 F.3d 435 (2003)

Jatinder Pal SINGH, Petitioner-Appellant, v. John ASHCROFT, Attorney General; Charles H. Demore, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2003.

Attorney(s) appearing for the Case

Martin Resendez Guajardo, San Francisco, CA, for petitioner-appellant Jatinder Pal Singh.

Josh Braunstein, Washington, DC, Shelley R. Goad, Washington, DC, for respondents-appellees John Ashcroft and Charles H. Demore.

Before: DIARMUID F. O'SCANNLAIN and A. WALLACE TASHIMA, Circuit Judges, and A. HOWARD MATZ, District Judge.

Argued and Submitted September 12, 2003 — San Francisco, California.

MATZ, District Judge.

On this appeal from the District Court's denial of a habeas corpus petition, we are presented with two familiar issues of habeas jurisdiction. First, does a classification by the Board of Immigration Appeals ("BIA") that a crime committed by an alien facing removal was "particularly serious" constitute an exercise of discretion not reviewable on habeas corpus...

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