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U.S. v. WU

Docket No. 03-1503.

419 F.3d 142 (2005)

UNITED STATES of America, Appellee, v. Shitian WU, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 18, 2005.

Attorney(s) appearing for the Case

Darrell B. Fields, The Legal Aid Society, Federal Defender Division, Appeals Bureau, New York, New York, for Defendant-Appellant.

Glen G. McGorty, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, on the brief, Amy K. Orange and Celeste L. Koeleveld, Assistant United States Attorneys, of counsel), New York, New York, for Appellee.

Before: McLAUGHLIN, POOLER, and WESLEY, Circuit Judges.

Judge POOLER concurs in part and dissents in part in a separate opinion.

WESLEY, Circuit Judge.

Background

Sometime prior to December 1995, defendant Shitian Wu, an alien, obtained the birth certificate of Havelock Woo, a U.S.-born citizen who died in 1988. Defendant changed his name to Havelock Woo and petitioned to have various family members admitted to the United States under Woo's name. Specifically, he filed a Petition for Alien Relative

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