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ADEFEMI v. ASHCROFT

No. 00-15783.

358 F.3d 828 (2004)

Albert ADEFEMI, Petitioner-Appellant, v. John ASHCROFT, as Attorney General of U.S., Ms. Rosemary Melville, as the District Director for INS, United States Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

Order Granting Rehearing and Vacating Opinion February 24, 2004.

Attorney(s) appearing for the Case

Michael G. Smith, (Court-Appointed), Fort Lauderdale, FL, for Petitioner-Appellant.

Regina Byrd, Ernesto H. Molina, Jr., David V. Bernal, Office of Imm. Lit., Civ. Div., Washington, DC, for Respondents-Appellees.

Before BARKETT and KRAVITCH, Circuit Judges, and FULLAM, District Judge.

Order Granting Rehearing En Banc and Vacating Opinion February 24, 2004.

BARKETT, Circuit Judge:

We vacate and withdraw the previous opinion dated June 30, 2003, 335 F.3d 1269 (11th Cir.2003), and substitute the following opinion.

Albert Adefemi, a citizen of Nigeria, petitions for review of a decision of the Board of Immigration Appeals, challenging its determination that the Immigration and Naturalization Service...

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