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BROWN v. ASHCROFT

Docket No. 02-2618.

360 F.3d 346 (2004)

Derrick Barrington BROWN, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States; James Ziglar, Commissioner of the Immigration and Naturalization Service; Edward McElroy, New York District Director of the Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 3, 2004.

Attorney(s) appearing for the Case

Marsha R. Taubenhaus, New York, NY, for Petitioner-Appellant.

Megan L. Brackney, Assistant United States Attorney, New York, N.Y. (James B. Comey, United States Attorney, Kathy S. Marks, on the brief), for Respondents-Appellees.

Before: FEINBERG, KEARSE, and RAGGI, Circuit Judges.

FEINBERG, Circuit Judge.

Derrick Barrington Brown appeals from an order of the United States District Court for the Southern District of New York (John S. Martin, Jr., J.), denying his petition, filed pursuant to 28 U.S.C. § 2241, for a writ of habeas corpus. Brown claims that his right to procedural due process was violated when he was not given advance notice that the Immigration and Naturalization Service ("INS")1 would rely on...

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