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MARQUEZ-ALMANZAR v. I.N.S.

Docket No. 03-4395(L), 03-40027(CON), 03-40497(CON).

418 F.3d 210 (2005)

Jose Napoleon MARQUEZ-ALMANZAR, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Second Circuit.

Decided August 8, 2005.

Attorney(s) appearing for the Case

Peter Markowitz, The Bronx Defenders, Bronx, NY, for Petitioner.

Patricia Buchanan, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York; Megan L. Brackney and Meredith E. Kotler, Assistant United States Attorneys, on the brief), New York, NY, for Respondent.

Before: WALKER, Chief Judge, MINER and CABRANES, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

This case was transferred to our court by an order of the United States District Court for the Southern District of New York (Gerard E. Lynch, Judge), which found, pursuant to 8 U.S.C. § 1252(b)(5), that the district court lacked jurisdiction over the nationality claim made in Jose Napoleon Marquez-Almanzar's § 2241 habeas corpus petition. As we explain below, resolution...

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