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BAKHTRIGER v. ELWOOD

No. 02-4134.

360 F.3d 414 (2004)

Michael BAKHTRIGER, Appellant v. Kenneth John ELWOOD, Acting District Director of the Philadelphia Office of the Immigration and Naturalization Service; Theodore Nordmark, Assistant District Director for Deportation and Detention; and the Immigration and Naturalization Service.

United States Court of Appeals, Third Circuit.

Filed March 10, 2004.

Attorney(s) appearing for the Case

Steven A. Morley, (Argued), Morley, Surin & Griffin, Philadelphia, for Appellant.

Sonya F. Lawrence, (Argued), Office of United States Attorney, Philadelphia, for Appellees.

Before SLOVITER, ROTH and CHERTOFF, Circuit Judges.

OPINION

CHERTOFF, Circuit Judge.

Appellant Michael Bakhtriger, a lawful permanent resident in the United States, was convicted of a felony and subjected to immigration removal proceedings. Bakhtriger challenged the removal proceedings by petition for habeas corpus. The District Court determined that Bakhtriger was essentially seeking review of a discretionary determination of the Immigration and Naturalization Service (INS). The District Court held, however...

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