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CORAGGIOSO v. ASHCROFT

No. 03-1075.

355 F.3d 730 (2004)

Salvatore CORAGGIOSO Petitioner v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

Filed January 23, 2004.

As Amended January 29, 2004.

Attorney(s) appearing for the Case

John D. Perez, (Argued), Newark, for Petitioner.

Robert D. McCallum, Jr., Assistant Attorney General Civil Division, Donald E. Keener, Deputy Director, Michelle E. Gorden (Argued), Senior Litigation Counsel, Michael P. Lindemann, John D. Williams, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, for Respondent.

Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Salvatore Coraggioso was born in Italy and entered the United States with his parents in 1984 at the age of four. Since then he has resided with his family in the United States, where he has been educated and employed. He has never been arrested. What reads like an immigrant's dream nonetheless is becoming a nightmare.

The hitch is that Coraggioso was not admitted formally to the United States. As a result...

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