OLATUNJI v. ASHCROFT

No. 00-6650.

387 F.3d 383 (2004)

Clifford K. OLATUNJI, Petitioner-Appellant, v. John ASHCROFT, Attorney General of the United States, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 19, 2004.


Attorney(s) appearing for the Case

ARGUED: Cary Berkeley Kaye, Appellate Litigation Program, Georgetown University Law Center, Washington, DC, for Appellant. Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Steven H. Goldblatt, Director, Elizabeth B. Wydra, Supervising Attorney, Laura Phillips, Rachel Brauner Vogelstein, Student Counsel, Appellate Litigation Program, Georgetown University Law Center, Washington, DC, for Appellant.

Before LUTTIG and MICHAEL, Circuit Judges, and Bobby R. BALDOCK, Senior Circuit Judge of the United States Court of Appeals for the Tenth Circuit, sitting by designation.


Reversed by published opinion. Judge LUTTIG wrote the opinion, in which Judge MICHAEL joined. Senior Judge BALDOCK wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge.

Petitioner Olatunji appeals from the district court's denial of his 28 U.S.C. § 2241 habeas petition, which sought review of his continued detention by the INS pursuant to a final order of removal issued by the Board of Immigration...

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