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SMART v. ASHCROFT

No. 02-4505.

401 F.3d 119 (2005)

Andre Camille SMART, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 9, 2005.

Attorney(s) appearing for the Case

Daniel M. Pell, Esq. (Elyana Tarlow, Esq., on the brief), York, PA, for Petitioner.

Michael C. James, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Sara L. Shudofsky, Assistant United States Attorney, on the brief), New York, NY, for Respondent.

Before: WALKER, Chief Judge, SACK and HALL, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Andre Camille Smart petitions for review of a September 5, 2002, order of the Board of Immigration Appeals ("BIA"), summarily affirming an order of removal issued against him. In his petition, Smart argues that former section 321 of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1432 (repealed 2000), the derivative citizenship statute applicable to foreign-born children of alien parents who become naturalized citizens...

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