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BONHOMETRE v. GONZALES

No. 04-2037.

414 F.3d 442 (2005)

Frebert BONHOMETRE, Petitioner, v. Alberto GONZALES, Attorney General of the United States; Immigration and Naturalization Service.

United States Court of Appeals, Third Circuit.

Filed July 15, 2005.

Attorney(s) appearing for the Case

James M. Tyler, (Argued), Schubert, Bellwoar, Cahill & Quinn, Philadelphia, Pennsylvania, for Petitioner.

Peter D. Keisler, Donald E. Keener, Alison Marie Igoe, (Argued), United States Department of Justice, Civil Division, Washington, D.C., Sonya F. Lawrence, Office of United States Attorney, Philadelphia, PA, for the Government.

Before SCIRICA, Chief Judge, and ROTH and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Before us is what originally was the Government's appeal from an order of the United States District Court for the Eastern District of Pennsylvania (Dalzell, J.) granting Frebert Bonhometre's petition for writ of habeas corpus. See Bonhometre v. Ashcroft, 306 F.Supp.2d 510 (E.D.Pa. 2004). The District Court ruled that the Board of Immigration Appeals violated...

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