ALWAN v. ASHCROFT

No. 03-60451.

388 F.3d 507 (2004)

Shareef Ahmad ALWAN, Petitioner, v. John ASHCROFT, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

October 18, 2004.


Attorney(s) appearing for the Case

Stanley J. Horn, Azulay, Horn, Khalaf & Yoo, Chicago, IL, for Petitioner.

Douglas Ginsburg, Christopher Cyrus Fuller, U.S. Dept. of Justice, Civ. Div. Immigration Litigation, Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, John Ashcroft, U.S. Dept. of Justice, Washington, DC, Caryl G. Thompson, U.S. I.N.S., Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Shareef Alwan is a national of the Occupied Palestinian Territories who, until his deportation in 2003, resided in the United States. He was convicted of contempt of court in violation of 18 U.S.C. § 401(3) for failure to testify as ordered before a federal grand jury. As a result, in April 2002, the Immigration and Naturalization Service ("INS") charged Alwan as deportable under the Immigration and Nationality Act ("INA"), which...

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