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THEODOROPOULOS v. I.N.S.

Docket No. 01-2715.

358 F.3d 162 (2004)

Athanasios THEODOROPOULOS, Petitioner-Appellee, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Amended: December 20, 2002.

Superseded: January 12, 2004.

Decided: December 18, 2002.

Attorney(s) appearing for the Case

Athanasios Theodoropoulos, pro se, c/o Lori Sherman & Associates, Bearsville, N.Y. (Barry D. Leiwant and Deirdre D. Von Dornum, Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, NY, on supplemental briefs), for Petitioner-Appellee.

John C. Cunningham, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice (Robert D. McCallum, Jr. and Peter D. Keisler, Assistant Attorneys General, Donald E. Keener, Deputy Director, and Linda S. Wendtland, Assistant Director, on the briefs), Washington, DC, for Respondent-Appellant.

Katherine Goldstein, Wilmer, Cutler & Pickering, New York, NY, for Amici Curiae The New York State Defenders Association, The Legal Aid Society of the City of New York, and The New York State Association of Criminal Defense Lawyers in support of Petitioner-Appellee.

Before: WALKER, Chief Judge, WINTER and F.I. PARKER, Circuit Judges.

F.I. PARKER, Circuit Judge, and JOHN M. WALKER, JR., Chief Judge.1

The Immigration and Naturalization Service ("INS") appeals from the September 21, 2001 judgment of the United States District Court for the Western District of New York (Richard J. Arcara, District Judge), which denied the INS's motion to dismiss petitioner-appellee Athanasios Theodoropoulos's petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. §...

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