YONGO v. I.N.S.

No. 03-1036.

355 F.3d 27 (2004)

Samuna YONGO, Petitioner, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 14, 2004.


Attorney(s) appearing for the Case

Jeffrey W. Goldman with whom Melissa A. Woodard and Testa, Hurwitz & Thibeault were on brief for petitioner.

Beth J. Werlin with whom Nadine K. Wettstein, Mary A. Kenney, American Immigration Law Foundation, Iris Gomez, Massachusetts Law Reform Institute, Harvey Kaplan and Kaplan, O'Sullivan & Friedman, American Immigration Lawyers Association, New England Chapter, were on brief for American Immigration Law Foundation, Massachusetts Law Reform Institute and American Immigration Lawyers Association, New England Chapter, Amici Curiae.

Margaret Perry, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Mary Jane Candaux, Senior Litigation Counsel, were on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and OBERDORFER, Senior District Judge.


BOUDIN, Chief Judge.

Samuna Yongo, an asylum seeker from the Democratic Republic of the Congo (formerly Zaire) who is the petitioner in this case, arrived in Boston by air from Europe in January 1997.1 He held a passport in the name of Masamuna Eduardo and claimed to be that person. When challenged by immigration authorities, he admitted that this was not his passport. The INS began an exclusion proceeding on the ground that he was an...

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