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BAGOT v. ASHCROFT

No. 04-2127.

398 F.3d 252 (2005)

Odiri Nkofi BAGOT, Appellant v. John ASHCROFT; James Ziglar; Kenneth Elwood.

United States Court of Appeals, Third Circuit.

February 11, 2005.

Attorney(s) appearing for the Case

James V. Wade, Federal Public Defender, Ronald A. Krauss (Argued), Assistant Federal Public Defender, Harrisburg, for Appellant.

Thomas A. Marino, United States Attorney, Daryl F. Bloom (Argued), Assistant United States Attorney, United States Attorney's Office, Middle District of Pennsylvania, Harrisburg, for Appellees.

Before NYGAARD, ROSENN, and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by Odiri Nkofi Bagot ("Bagot") from the District Court's order denying his petition for a writ of habeas corpus in a deportation case requires us to inquire into the matter of "legal custody." That inquiry will inform our determination as to whether Bagot is correct that Respondents deported him to Guyana illegally, because, having been in his father's legal custody at the time the father was naturalized...

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