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GEORCELY v. ASHCROFT

No. 03-1922.

375 F.3d 45 (2004)

Dieudonna GEORCELY, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 12, 2004.

Attorney(s) appearing for the Case

David Iverson on brief for petitioner.

Michelle R. Thresher, Office of Immigration Litigation, Civil Division, Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, Department of Justice, and Linda S. Wendtland, Assistant Director, Office of Immigration Litigation, on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

Dieudonna Georcely, a citizen of Haiti, arrived in the United States Virgin Islands on or about January 25, 2002. In January 2002, the Immigration and Naturalization Service ("INS"), as it was then named, charged Georcely with removability under 8 U.S.C. § 1182(a)(6)(A)(i) (2000) as an alien who had arrived in the United States without lawful authority. Georcely conceded removability but said that he intended to apply for asylum, withholding...

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