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JOHNSON v. ASHCROFT

Docket No. 03-2071.

378 F.3d 164 (2004)

Norman A. JOHNSON, Petitioner-Appellant, v. John ASHCROFT, U.S. Attorney General; Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 5, 2004.

Attorney(s) appearing for the Case

Perry S. Reich, Schapiro & Reich, New York, NY, for Petitioner-Appellant.

Margaret M. Kolbe, Assistant United States Attorney for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York (Varuni Nelson, Steven J. Kim, Assistant United States Attorneys, on the brief), Brooklyn, NY, for Respondents-Appellees.

Before MINER, CALABRESI, and STRAUB, Circuit Judges.

CALABRESI, Circuit Judge.

This case raises the question of whether the Immigration and Naturalization Service ("the INS" or "the Service")1 may — on the basis of information that was available to the Service at the time of an alien's original proceedings, and subsequent to the entry of a final order of removal — successfully move to remand a case to the Immigration Judge ("IJ") in order to lodge additional grounds for removability...

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