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EVANGELISTA v. ASHCROFT

No. 03-2019.

359 F.3d 145 (2004)

Louis EVANGELISTA, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States; James Ziglar, Commissioner of the Immigration & Naturalization Service; United States Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 23, 2004.

Attorney(s) appearing for the Case

Matthew L. Guadagno, Bretz & Coven, LLP (Kerry William Bretz and Jules E. Coven, of counsel), New York, NY, for Petitioner-Appellant.

Dione M. Enea, Special Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, and Varuni Nelson, Assistant United States Attorney, of counsel), Brooklyn, NY, for Respondents-Appellees.

Before: CARDAMONE, SACK, and GIBSON, Circuit Judges.

SACK, Circuit Judge.

The petitioner-appellant, Louis Evangelista, appeals from a judgment of the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge) dismissing his petition for a writ of habeas corpus to prevent his deportation1 to Italy. The district court held that Evangelista had been convicted of an offense "described in section 7201 of Title 26 (relating to tax evasion) in which the...

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