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CADET v. BULGER

No. 03-14565.

377 F.3d 1173 (2004)

Jean Neckson CADET, Petitioner-Appellant, v. John M. BULGER, Acting Director, Immigration and Naturalization Service, Michael Garcia, Acting Commissioner, Immigration and Naturalization Service, United States Attorney General, John Ashcroft, United States Department of Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 20, 2004.

Attorney(s) appearing for the Case

Daniel H. Bromberg, Joseph Rogers Derbis, Jones, Day, Reavis & Pogue, Washington, DC, for Petitioner-Appellant.

Anthony P. Nicastro, David V. Bernal, Washington, DC, Anne R. Schultz, Asst. U.S. Atty., Dexter A. Lee, Laura Thomas Rivero, Miami, FL, for Respondents-Appellees.

Before ANDERSON, HULL and PRYOR, Circuit Judges.

HULL, Circuit Judge:

Jean Neckson Cadet, a Haitian national convicted of a firearm and two robbery offenses in the United States, appeals the denial of his habeas petition, brought pursuant to 28 U.S.C. § 2241. Cadet argues that the BIA's order removing him to Haiti violates the Convention Against Torture ("CAT") and the Eighth Amendment. After review, we conclude that § 2241 habeas jurisdiction remains available to Cadet but that the district court properly...

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