EJELONU v. I.N.S., DEPT. OF HOMELAND SEC.

No. 01-3928.

355 F.3d 539 (2004)

Ijeoma EJELONU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 8, 2004.


Attorney(s) appearing for the Case

Clement O. Ohuegbe (briefed), Denning Law Firm PLCC, Dearborn, MI, for Petitioner.

Ernesto H. Molina, Jr., David V. Bernal (briefed), United States Department of Justice, Washington, DC, for Respondent.

Before BATCHELDER, MOORE, and CLAY, Circuit Judges.


CLAY, J., delivered the opinion of the court, in which MOORE, J., joined. BATCHELDER, J. (pp. 552-58), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Petitioner is a gainfully employed legal immigrant in her early twenties who currently studies psychology at Wayne State University in Detroit, Michigan. By all accounts, Petitioner should be a citizen; but for the Immigration and Naturalization Service's ("INS's") extended delay...

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