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SIERRA v. ROMAINE

No. 02-2826.

347 F.3d 559 (2003)

Rolando M. SIERRA, Sr., Appellant v. D. ROMAINE, Warden; Immigration & Naturalization Service; John Ashcroft, Attorney General of the United States of America.

United States Court of Appeals, Third Circuit.

Filed October 29, 2003.

Attorney(s) appearing for the Case

Christopher W. Wasson (argued), Barak A. Bassman, Pepper Hamilton LLP, Philadelphia, PA, for Appellant.

Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Civil Division, Linda S. Wernery, Senior Litigation Counsel, United States Department of Justice, Thankful T. Vanderstar, Laura L. Flippin (argued), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for Appellees.

Judy Rabinovitz, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, Lucas Guttentag, Liliana M. Garces, American Civil Liberties Union Foundation, Immigrants' Rights Project, Oakland, CA, for Amicus Curiae American Civil Liberties Union.

Before BARRY, BECKER, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL AND PROCEDURAL HISTORY

This matter comes on before this court on Rolando Sierra's appeal from an order entered in the district court on June 18, 2002, denying his petition for a writ of habeas corpus.1 Sierra is a 41-year-old Cuban national who arrived in the United States in 1980 as part of the Mariel boatlift during which over 125,000 Cubans crossed by boat...

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