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DINNALL v. GONZALES

No. 04-2415.

421 F.3d 247 (2005)

Harold George DINNALL, Petitioner v. Alberto GONZALES, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 1, 2005.

Attorney(s) appearing for the Case

Derek W. Gray (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Petitioner.

Peter D. Keisler, Assistant Attorney General Civil Division, Julia Doig Wilcox, Senior Litigation Counsel, Arthur L. Rabin, Trial Attorney, Jeffrey J. Bernstein (Argued), U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before: MCKEE, SMITH, and VAN ANTWERPEN, Circuit Judges.

OPINION

MCKEE, Circuit Judge.

Harold Dinnall petitions for review of an order of the Bureau of Immigration and Customs Enforcement ("BICE"), Department of Homeland Security ("DHS"), reinstating his prior order of deportation and ordering his removal under Section 241(a)(5) of the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1231(a)(5) (2000), enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"...

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