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KHAN v. ASHCROFT

Docket No. 03-2126.

352 F.3d 521 (2003)

Fazila KHAN, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States; Doris Meissner, Commissioner, Immigration and Naturalization Service; Edward McElroy, New York District Director, Immigration and Naturalization Service; Immigration and Naturalization Service; U.S. Department of Justice, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 9, 2003.

Attorney(s) appearing for the Case

MATTHEW L. GUADAGNO, New York, New York (Kerry William Breetz, Jules E. Coven, Breetz & Coven, New York, New York, on the brief), for Petitioner-Appellant.

KRISTEN CHAPMAN, Assistant United States Attorney, Brooklyn, New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, Brooklyn, New York, on the brief), for Respondents-Appellees.

Before: FEINBERG, KEARSE, and RAGGI, Circuit Judges.

KEARSE, Circuit Judge.

Petitioner Fazila Khan appeals from a judgment of the United States District Court for the Eastern District of New York, Edward R. Korman, Chief Judge, dismissing her petition for a writ of habeas corpus challenging the constitutionality of § 440(d) of the Antiterrorism and Effective Death Penalty Act ("AEDPA"), Pub. L. 104-132, 110 Stat. 1214, 1277 (1996), which bars the United States Attorney...

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