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DRAGENICE v. RIDGE

No. 03-6717.

389 F.3d 92 (2004)

Olgens DRAGENICE, Petitioner-Appellant, v. Tom RIDGE, Secretary of the Department of Homeland Security, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 5, 2004.

Attorney(s) appearing for the Case

ARGUED: Brian Eugene Bowcut, Arnold & Porter, L.L.P., Washington, D.C., for Petitioner. Bryan Stuart Beier, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent. ON BRIEF: Robert S. Litt, Emily N. Glatfelter, Arnold & Porter, L.L.P., Washington, D.C., for Petitioner. Peter D. Keisler, Assistant Attorney General, Civil Division, M. Jocelyn Lopez Wright, Assistant Director, Michele Y.F. Sarko, Attorney, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge TRAXLER and Judge SHEDD joined.

NIEMEYER, Circuit Judge:

Olgens Dragenice, a native and citizen of Haiti who is being detained by the Secretary of Homeland Security for removal to Haiti pursuant to a final order of the Board of Immigration Appeals, challenges this court's jurisdiction to decide his petition for a writ of habeas corpus. Dragenice filed his petition...

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